ORDER
Rama Jois, J.
1. This Writ Petition is presented by Hebbal Gangenahalli Layout Residents Association, which is the first petitioner and its members who are residents of the layout, who are petitioners-2 to 9, questioning the legality of the licence granted by the first respondent in favour of the third respondent for running power looms in the premises belonging to her, which is situate in front of house of petitioner No. 2 and near the residential houses of the other petitioners, in a residential locality.
2. Brief facts of the case, are these: Gangenahalli layout is a residential layout formed by the then City Improvement Trust Board constituted under the C.I.T.B. Act, 1948, which has since been substituted by the Bangalore Development Authority ('the B.D.A' for short) under the provisions of the Bangalore Development Authority Act, 1976. A Residential Colony called Weavers Colony was also formed by the Cubbonpet Silk Handloom Weavers Co-operative Society which faces the Gangenahalli lay out. The Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'the Planning Act') was enacted by the State Legislature to provide for regulation of planned growth of land use and development and for the making and execution of town planning Scheme in the State. Under the Planning Act, for the Bangalore Metropolitan area, the Planning Authority is the B.D.A. In accordance with the provisions of Section 9 to 13 of the Act, an Outline Development Plan ('the O.D.P' for short) for the City of Bangalore, prepared by the BDA and approved by the State Government was published in the Official Gazette on 13-7-1972 under the ODP Gangenahalli Layout as also the Weavers Colony fall under Residential Zones. Under the Zonal Regulations installing Power Looms are not permitted in a residential locality. Section 14 of the Planning Act provides for the enforcement of the O.D.P. and the Regulations. It reads:
'14. ENFORCEMENT OF THE OUTLINE DEVELOPMENT PLAN AND THE REGULATIONS: (1) On and from the date on which a declaration of intention to prepare an outline is published under Sub-section (1) of Section 10, every land-use, every change in land-use and every development in the area covered by the plan shall conform to the provisions of this Act, the Outline Development Plan and the regulations, as finally approved by the State Government under Sub-section (3) of Section 13.'
3. The petitioners have averred that the third respondent had secured a licence for running two twisting and one winding machine with the aid of 5 H.P. electric motor some time in March 1972. A copy of the licence issued to the third respondent by the Commissioner, Corporation of the City of Bangalore, is produced as Annexure-D, which reads:
FORM OF LICENCE
Licence No. 6145/72-73
Name: Smt R. Hemavathi
Residence:
(5) Five H.P. for two twisting one winding, for one reeling and one doubling at premises No. 8, Weavers Colony, Bangalore. For the year ending 31st March 73.
Rental value of the premises
Licence fee of Rs. 5/-
Has been credited on: 28-3-72.
(FOR DAY POWER ONLY 6 a.m. to 6 p.m.)
Vide challan No. 200.
(Round seal).
Sd/ Commissioner,
Corporation of the City of Bangalore.'
It appears that though licence had 'been issued for running twisting and winding machines, the third respondent had also installed power-loom machinery. In the circumstances, the residents of Gangenahalli Layout appear to have lodged a complaint before the Commissioner of the Corporation about the running of power-looms in a residential locality. In the circumstances, a notice dated 29-9-1978 was issued to the third respondent by the Deputy Commissioner of the Corporation. It reads:
'Copy of letter No. DC(D) PS. 439/78-79 dated 29-9-78 from the Corporation Officer, Bangalore (Deputy Commissioner) DEV Corporation of Bangalore.