This Writ Petition is filed by the petitioner in public interest praying to declare Section 14A of the Karnataka Town and Country Planning Act, 1961 as unconstitutional, illegal and ultra vires and also for issuance of writ of mandamus restraining the State and its officers from enforcing the provisions of said Section 14A of the Act. It appears, some other persons have also sought to follow the mandatory constitutional provisions under Article 243ZE of Constitution of India read with the provisions of Karnataka Municipal Corporation Act.

2. Petitioner claiming to be a person having concern for the public said to have redressed the haphazard and unplanned growth of Bangalore City particularly on account of arbitrary change of land use in residential areas that has directly affected the rights of the citizens and residents of Bangalore. In this regard, he has stated that the Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as `the Act’ for short) was enacted to regulate the planned growth of land use and development in the State of Karnataka and to create conditions favourable for planning and replanning of the urban and rural areas with a view to provide full civic and social amenities for the people in the State and to stop uncontrolled development of land due to land speculation and profiteering in land, to preserve and improve existing recreational facilities and other amenities contributing towards balanced use of land and to direct the future growth of populated areas in the State with a view to ensuring desirable standards of environmental health and hygiene and creating facilities for the orderly growth of industry and commerce, thereby promoting general standards of living in the State. It is further stated by the petitioner that Bangalore Development Authority is the planning authority within the meaning of Section 4A of the Act for the city of Bangalore. In order to provide for a controlled and scientific development in the city of Bangalore, the Act provides for the preparation of the Outline Development Plan (ODP) and Comprehensive Development Plan (CDP) along with the Zoning Regulations that expressly state the specific usage of areas notified as residential, commercial, industrial etc. As per Section 14 of the Act, every land use is required to be confirmed with the provisions of the Act. It is further stated that the above said fact has been judicially reiterated by the Apex Court in the case of R & M Trust vs. Koramangala Residents Vigilance Group and others (2005 SCCL.COM 41) wherein it is held that, the Act primarily deals with the planned growth of land use and development and for the making and execution of Town Planning Scheme in the State of Karnataka. According to Section 14 of the Act, from the date when the Act come into force, every land use, every change in land use and every development in the area covered by the plan shall conform to the provisions of this Act, the Outline Development Plan and the regulations. It further stipulates that no such change in land use or development shall be made except with the written permission of the Planning Authority. Therefore, the whole purpose of this Act is the planned development of the State.

3. Referring to the aforecited decision, it is submitted that an amendment was also brought in to Section 14 of the Act. The intention behind introducing this Section was that the existing provisions of the Karnataka Town and Country Planning Act, 1961 was not very specific about the circumstances under which the change in land use from one purpose to another purpose under the Outline Development Plan could be permitted. Therefore, Section 14A was introduced in order to specify various circumstances under which such change of land use could be permitted. This new Section also prescribes the modalities of brining a change in the land use. Subsequently for better administration of the Act, a new Section has been added as Section 76, `n’ and `o’ to