( 1 ) THE petitioners residents of Udupi Town have filed this writ petition by way of public interest litigation, seeking directions of this Court prohibiting the first respondent from constructing of any commercial building in Survey No. 115/1a 2a1 of Moodanidambur, Udupi Town and for the removal of the construction already made.

( 2 ) ACCORDING to the petitioners, the land measuring 1 Acre 79 Cents is reserved under the Transport and Communication Zone and is situated in the heart of Udupi Town, adjacent to the K. M. Marg leading to the State Highway. As per the approved Outline Development Plan ('odp' for short) and the Comprehensive Development Plan ('cdp' for short) published by the 2nd respondent Udupi and Malpe Town Plttnning Authority, the width of K. M. Marg is required to be 80' and the existing road available at present is only 20' and hence no fresh licence for construction could be permitted within 40' from the middle of the road. It is further stated that in fact the first respondent rejected the application of the owner of an adjoining site for construction of such a building and no exception could be made in the case of the first respondent who i