Daijiworld Media Network – Mangalore (KD/NR)

Mangalore, Sep 17:  The constitutional validity of the Karnataka town and country planning act and certain other laws like Amendment Act, 2004, and the constitutionality of the Karnataka town and country planning regularization of unauthorized development or constructions rules 2007 has been challenged by the citizens forum for city development. It has thereby filed a Public Interest Litigation (PIL) in this regard in the High Court of Karnataka. 

The matter has been posted for hearing on Wednesday September19 for hearing by the chief justice of Karnataka. According to the petitioners the Amendment Act and Rules are framed in complete disregard to the very purpose and objectives of the Karnataka town and country planning Act 1964. The main objectives of which are planned growth and development with a view to improving environmental health and decent standards of living.

The contention of the petitioners is that they have filed the petition for protecting certain issues such as the right to health, safety and the environment of the common man under Article 21 of the Constitution. Moreover they also want to ensure that land use and building violations which are unsafe and would endanger the lives of urban residents are not regularised under the above rules that were notified on August 14.
 
According to the release the said article makes an unreasonable classification by treating favourably those who have blatantly violated laws and discriminates against those who have strictly adhered to building norms and regulations, rued the forum in the release. 

The regularisation, for the violation of front setback, will not make it easily feasible for the MCC or MUDA to widen the abutting road in future.  According to the forum one more reason for their objection is that the said regularization would encourage more violations in future.