Non-compliance with statutory rules renders an order void-ab initio in law.

V. GOPALA GOWDA, J.

( 1 ) THIS matter is listed for dictating orders. Objections statement to. A. II filed by the petitioner for urging additional grounds in the review petition is filed and the arguments are heard both on the application as well as on the merits of the review petition again.

( 2 ) THE learned Counsel for the 3rd respondent strongly objected for allowing the application. A. No. II placing reliance upon the Division Bench decision of this Court reported in 2001 (4) kccr 2698 at paragraph 2.

( 3 ) THE learned Sr. Counsel appearing for the petitioner placing reliance upon the provisions of rule 3 (3) of the Karnataka Urban Development Authorities (Allotment of Civic Amenity Sites) rules, 1991 (for short "rules, 1991") and Rule 7 (1) of the Rules has contended that the above said Rules have been blatently violated by the respondents 1 and 2 at the time of passing the impugned allotment order; since the said ground goes to the root of the matter and falls within the ground enumerated under Order 47 Rule 1 CPC, it is one of the grounds for reviewing the impugned order and as such the learned Senior Counsel submits that the application. A. No. II has to be allowed.

( 4 ) HEARD the learned Counsel for the parties. Perused the additional grounds sought to be urged in the application. A. No.. Keeping in view the grounds on which the order of this Court passed in the Writ Petition can be reviewed as provided under Order 47 Rule 1 CPC, I am of the considered view that the application for urging additional grounds has to be allowed as non-consideration of the said grounds has vitiated the impugned order and further non-compliance of the aforesaid Rules by the second respondent has vitiated the impugned order of allotment made in favour of the 3rd respondent by respondents 1 and 2 which is an error apparent on the face of the record and on this ground this Court has to review the order under review. The objections and the reliance placed upon the Division Bench decision of this Court are wholly inapplicable to the facts of the present case and as such the objection statement and submissions made in this regard has to be rejected. For the reasons stated supra,. A. No. 11/2002 is allowed.

( 5 ) AFTER allowing the application for urging additional grounds, this Court has examined as to whether the petitioner has made out the case for reviewing the impugned order dated 12. 9. 2000.

( 6 ) THE learned Senior Counsel contended that the allotment of the civic amenity site bearing plot no. 79 in favour of the 3rd respondent is contrary to Rules (3) (2) and Rules 3 (3) read with Rule 7 (1) of Clauses (a) to (f) and also Rule 7 (2); that the provisions of Section 39 of the Karnataka urban Development Authority Act, which would clearly state that the 2nd respondent shall not sell or otherwise dispose of any area reserved for public parks and playgrounds and Civic amenities, for any other purpose and any disposition so made shall be null and void and Rule 3 (3) provides that due publicity shall be given in respect of Civic Amenity sites so offered for leasing to the Institutions, specifying their location, number, dimension, purpose and last date for submission of application and such other particulars as the Commissioner may consider necessary, by affixing a notice on the notice board of the office of the authority and also by publishing in not less than two daily news papers in English and Kannada having vide circulation in the Urban Area concerned. Further, it is urged that the 2nd respondent has not complied with the above mandatory requirement as required under the above Rules, Further, it is urged that Rule 7 (1) of the Rules states that second respondent has got the statutory duty to consider the application under Sub-rule (3) of Rule 7 and examine with reference to the claim of the applicants and record a finding after following the procedures enumerated under Clauses (a) to (f) of Rule 7 (1) of the Rules. Further, the lea

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