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january 1987

Supreme Court of India · 1987-01-19

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

Citation / case number
SC 1982/63759
Court
Supreme Court of India
Petitioner
B.K. SRINIVASAN & ANOTHER ETC. ETC.
Respondent
STATE OF KARNATAKA & ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court examined the compliance with the Mysore Town and Country Planning Act, 1961, specifically Sections 13, 76J, and 81A(a), regarding the publication of the Outline Development Plan. The Court held that the publication of the plan in the Official Gazette, along with the necessary particulars, is mandatory for validity, and any defect in publication could be cured under Section 76J. The Court clarified that mere procedural irregularities do not render the notification illegal if the purpose is served, establishing that compliance with statutory requirements depends on whether they are mandatory or directory.

B.K. SRINIVASAN & ANOTHER ETC. ETC. vs STATE OF KARNATAKA & ORS. · Niyam