The  Citizens Forum for Mangalore Development has filed a public interest litigation in the High Court of Karnataka challenging the constitutional validity of the Karnataka Town and Country Planning Act and Certain Other Laws (Amendment) Act, 2004, and the constitutionality of the Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2007. The Chief Justice of Karnataka has posted the matter on September 19 for hearing.
According to a press release from the forum, Amendment Act and Rules are framed in complete disregard to the very purpose and objectives of the Karnataka Town and Country Planning Act 1964, whose main objectives are for planned growth and development with a view to improve environmental health and decent standards of living.
The petition has been filed to protect the right to health, safety and the environment of the common man under Article 21 of the Constitution and 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.
“ It makes an unreasonable classification by treating favourably those who have blatantly violated the law and discriminating against those who have strictly adhered to building norms and regulations”, the release said.
  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.
That the regularisation would encourage violations in the future is another ground for the forum’s objection.