After companysidering the objections, another numberification dated 30.12.1977 was issued under Section I 1 of the Act declaring the entire land as slum clearance area.
The numberification dated 20.1.1981 had been challenged by the appellants mainly on the grounds that it is in violation of the principle of natural justice and Article 14 of the Constitution has been violated.
It was companytended that slum dwellers who are affected by the Governments action have number been given an opportunity of being heard and they have been denied equality by denying basic human needs since a major part of the slum area has been excluded from the operation of the scheme.
From the Judgment and Order dated 26.10.1987 of the Karnataka High Court in W.A. No.
However, on January 20, 1981, the Government issued numberification under Section 3 1 cancelling the earlier numberification dated 30.12.1977 and re declaring an extent of 14 1/2 guntas only as slum area.
HMA 59 MCS 76 dated 17.1.1977 was issued by the Karnataka Government declaring an extent of one acre in Timber Yard slum by the side of Main Road, Cottonpet, Bangalore, as slum area.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by FATHIMA BEEVI, J. The Karnataka Slum Areas Improvement and Clearance Act, 1973, which received the assent of the President on 1st October, 1974, is an Act to provide for improvement and clearance of slums in the State of Karnataka.
R. Bhat and Prabir Chaudhury NP for the Appellants.
We have granted special leave to appeal.
Section 3 of the Act empowers the Government to declare certain areas as slum areas.
If the Government is satisfied that any area which is likely to be a source of danger to health, safety or companyvenience of the public of that area or of its neighbourhood by reason of the area being low lying, unsanitary, squalid, over crowded or otherwise, the Government may by numberification declare the areas as slum area.
The Notification No.
607 of 1982.
B. Rohtagi, M. Veerappa, R.L. Bhardwaj and Vishnu Mathur for the Respondents.
Under Section 11, when the Government is satisfied on a report from the companypetent authority that the most satisfactory method of dealing with the companyditions in the area is the clearance of such area and demolition of the buildings in the area, it may, by numberification, declare the area to be the slum clearance area.
1401 of 1991.
