IMPORTANT POINT
The central legal point established in the judgment is the authority of the State to declare an area as a slum under the Karnataka Slum Areas (Development) Act, 1973, and the importance of rehabilitating slum dwellers.

ORDER :

The Petitioner/Central Relief Committee constituted under the Karnataka Prohibition of Beggary Act, 1975 (hereinafter referred to as ‘the Act’ for short) is calling in question an order dated 22-09-2017 passed by the 1st respondent declaring a particular area as a slum. The preliminary notification so issued on 20-10-2014 is also called in question.

2. The facts adumbrated are as follows:-

The petitioner claims to be a Committee constituted by the Social Welfare Department for the purpose of administration and management of Beggars’ Rehabilitation Centre established for rehabilitation and welfare of beggars. It is the averment in the petition that the then State of Mysore (now Karnataka) in the year 1944 had acquired 311 acres of land in several survey numbers of Sajjepalya and Srigandhakavalu Villages in Yeshwanthpur Hobli, Bangalore North Taluk and had handed them over to Beggars’ Rehabilitation Centre. Out of the said land 63.02 acres of land at Sajjepalya Village was granted on lease for 30 years to Sumanahalli Leprosy Patients’ Rehabilitation Centre by the Government in terms of an order dated 05-12-1977. It is the averment that several unauthorized persons were in occupation of the land that was granted to Beggars Rehabilitation Centre and one such encroacher i.e., Sri. K.V. Govindaraju had approached this Court claiming regularization of his unauthorized occupation in W.P.No.11714 of 1987. This Court in terms of its order dated 25-01-1996 dismissed the writ petition which went up to the Apex Court only to meet failure.

3. Later, Rastrothan Sankalp filed a Public Interest Petition in W.P.No.9965 of 2011 against the State Government and Beggars Rehabilitation Centre for effective implementation of the provisions of the Act. The PIL comes to be disposed of observing that the land that is granted should be put to the same purpose and not to any other purpose. When things stood thus, it appears that need to develop or rehabilitate slum dwellers in the said area comes about. A preliminary notification is issued by the Karnataka Slum Development Board (‘the Board’ for Short) to develop one Devaraj Urs Colony where there were several slum dwellers and rehabilitate them by constructing houses. For the said purpose 27 guntas of land in Sajjepalya village was sought to be acquired by issue of a preliminary notification exercising its power under Section 3 of the Karnataka Slum Areas (Development) Act, 1973 (hereinafter referred to as ‘the 1973 Act’ for short). After issuance of preliminary notification an order is passed on 22-09-2017 declaring 27 guntas of land in which the petitioner claims to be in possession to be a slum. It is this that has driven the Central Relief Committee constituted under the Act, to knock at the doors of this Court calling the said action in question.

4. Heard Sri H.Kantharaja, learned senior counsel appearing for the petitioner, Sri Kiran Kumar, learned High Court Government Pleader appearing for respondent No.1, Sri M.P. Srikanth, learned counsel appearing for respondent No.2 and Sri Clifton D. Rozario, learned counsel appearing for respondent No.3.

5. The learned senior counsel Sri H.Kantharaja would vehemently contend that this Court had clearly rejected the writ petition filed by an unauthorized occupant who went up to the Apex Court where also no relief was granted to the said unauthorized occupant who was one of the slum dwellers in the area. He would further contend that in a public interest litigation of 2011 this Court has clearly observed with regard to effective implementation of the provisions of the Act. With all this, he would contend that there is no provision under the 1973 Act to issue a preliminary notification and then acquire any lands. Declaration of slum under Section 3 of the 1973 Act has to pass though the rigors of Section 11. Therefore, there is violation of the procedure and the order declaring it to be a slum should be set at naught on such violation. It is his further sub