B.K. SRINIVASAN & ANOTHER ETC. ETC. versus STATE OF KARNATAKA & ORS.

Citation: [1987] 1 S.C.R. 1054 · Decided: 19-01-1987 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed
Cited by 7 judgment(s) · cites 3 · see the full citation network in Lexace
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Judgment (excerpt)

A 
B.K. SRINIVASAN & ANOTHER ETC. ETC. 
v. 
STATE OF KARNATAKA & ORS. 
JANUARY 19, 1987 
B 
[0. CHINNAPPA REDDY AND G. L. OZA, JJ.] 
Mysore Town and Country Planning Act, 1961-ss. 9.12, 13, 76! 't 
and 8/A(a)-Planning Authority Rules, 1965-Rules 32 and 33 and 
Form II-Publication of a notice in Official Gazette-Inviting attention 
of the Public to the display and availability for inspection of the Plan 
. C 
and the Regulations-Whether suffi~ient compliance with s.13(4) and f 
Rule .53-Plan and Regulations-Whether to be bodily incorporated in 
D 
the Gazette-Defect in Publication, if any,-Whether curable by 
s. 761-Mention of Plan and non-mention of the Regulations in the i 
notice-Whether amounts to non-publication of Regu/ations-s.13-
0utline Development Plan and Regulations-Whether distinct. 
Administrative Law-Subordinate legislation-Nolification-
Necessity of-How ·and when becomes 
effective-Publi~ation of 
Notification-Mode of-Notification-Defect in publication--lf notifi-
cation otherwise served its purpose-Whether mere procedural irregu-
larity in publication would render the notification illegal-Subordinate 
E 
legislation-To be pubfished or promulgated in suitable manner. 
F 
G 
H 
Statutory Law-Effect of non-compliance with statutory re-
quirement-Whether depends upon the mandatory or directory nature 
of the provision. 
Interpretation of Statutes-Interpretation which departs from 
common understanding of statute should be avoided. 
In 1961 the Bangalore Metropolitan Board was formed. The 
Board prepared an Outline Development Plan (O.D.P.). In February, 
1963, the Mysore Town and Country Planning Act, 1961 came into 
force with effect from January 15, 1965. Section 81-A(a) of the Act 
provides that the Outline Development Plan for the Bangalore Metro-
politan Area prepared by the Bangalore Metropolitan Planning Board 
shall be deemed to be the Outline Development Plan of the Planning 
Area comprising the City of Bangalore, prepared under the Act, by the 
Planning Authority of the Area. Section 81-A(a) further provides that 
the said plan alongwith the particulars specified in clauses (ii), (iii), (iv) 
1054 
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B.K. SRINIVASAN v. STATE OF KAR. 
1055 
and (v) of s.12(2) shall be published and submitted to the State Govern· 
ment for provisional approval. Section 81-A(b) provides that on receipt 
of the plan and the particulars, the Stale Government shall after 
making such modifications as it deems fit, return the plan and the 
particulars to the Planning Authority for taking further action in 
accordance with the provisions of s.13. Section 13 deals with approval 
of the Outline Development Plan. Section 76J provides for "validation 
of acts and proceedings". Rule 32 of the. Mysore Planning Authority 
Rules, 1965 provides for "publication of Outline Development Plan 
under sub.s.(l) and sub-s.(2) of s.9." It prescribes that the publication 
shall be made by making a copy of the Plan available for inspection and 
displaying a notice in Form II, (a) at the office of the Planning Autho· 
A 
a 
rity and (b) at such other places as may be specified by the Planning\ C 
Authority. The Planning Authority is also required to publish a 
notice in Form II in the Official Gazette and in one or more newspapers. 
The Publication under s.9(2) is also required to be made in the same 
manner. Rule 33 provides for 'Publication of Outline Development Plan 
and Regulations under s.13(4), and stipulates that the Outline Development 
Plan and the Regulations as approved by the State Government under 
sub-s.(3) of s.13 shal! be published in the Official Gazette. 
A· 'Notice of publication of Outline Development Plan' was 
published in the Mysore Gazette dated 21.12.1967 in Form II. After the 
State Government provisionally approved the Plan, 'Notice of publica· 
p 
tion of Outline Development Plan' was published in the Mysore Gazette 
E 
dated 10.10.1968 again in Form II. 111 response to the invitation to file 
objections, as many as 600 representations and objections were received 
from individuals, institutions, associations, Chambers of Commerce 
etc. The Outline Development Plan was finally approved by the Govern· 
men! and a notification to that effect was published in the Mysore 
Gazette dated 13.7.72. 
F 
The Bangalore Improvement Trust Board desired to develop Raj 
Mahal Vilas Extension under the provisions of the City of Bangalore 
Improvement Act, 1945. Land was acquired and plots were alloted to 
several people. A lay
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