The petition filed by a social worker in public interest alleges that the 2021 Act infringes upon the rights guaranteed by Article 14, 21, and 25 of the Constitution and also suffers from excessive delegation.
Further, it is argued the Act treats both lawful and unlawful structures indiscriminately, effectively treating unequal entities as equals.
“The constructions that are and will continue to be in contravention of various applicable statutes as Karnataka Town and Country Planning Act, 1961, Karnataka Municipal Corporation Act, 1976, Karnataka Municipalities Act, 1964, Bangalore Metropolitan Region Development Authority Act, 1985 and Bruhat Bengaluru Mahanagara Palike Act, 2020 are extended protection by the impugned Act. Therefore, the Act is also against the rule of law,” the plea said.
Source: Barandbench
