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

There was compliance with s.13(4) and Rule 33; publication by notice in the Official Gazette that the Outline Development Plan and Regulations were available for inspection satisfied statutory requirements. Any defect in publication was curable by s.76J, since notification served its purpose and no substantial prejudice was shown.

Parties: Appellant: B.K. Srinivasan; Respondent: State of Karnataka
Jurisdiction: India
Judgment Date: 19 January 1987
Procedural Posture: Appeal / Final Judgment
Outcome: appeals dismissed
Legal Topics: Subordinate Legislation, Notification and Publication Requirements, Validity of Planning Regulations, Mandatory Vs Directory Statutory Provisions

Administrative Law Statutory Interpretation Town and Country Planning Subordinate Legislation Notification and Publication Requirements Validity of Planning Regulations Mandatory Vs Directory Statutory Provisions

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2

Parties

B.K. Srinivasan

Appellant

State of Karnataka

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether publication of the Outline Development Plan and Regulations in the Official Gazette is mandatory under s.13(4) of the Mysore Town and Country Planning Act, 1961.
2 Whether defect in publication of Regulations renders them ineffective.
3 Whether Regulations and Outline Development Plan are distinct.

Ratio Decidendi

Court Disposition

appeals dismissed

Orders

Judgment of the High Court affirmed.
Authorities to give effect to High Court judgment, taking note of undertakings given to the courts.