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15. Can the private builders proceed with their projects on the basis of conversion orders, without any sanction of layout plan by the Metropolitan Planning Committee constituted under Section 503-B of the KMC Act?

16. What order?

7. Point No. 1.--(i) In the statement of objections filed by the owners and interested persons to Section 17 notification and to these writ petitions and in the course of arguments the learned Counsel for the petitioners, specific plea is taken that the BDA has no territorial jurisdiction to undertake development scheme in the Bangalore Metropolitan Area and to acquire the lands in question as they are beyond the Bangalore Mahanagara Palike area and situated under the jurisdiction of other local authorities such as Town Municipal Councils and Gram Panchayats constituted under the Karnataka Municipalities Act, 1964 and Karnataka Panchayat Raj Act, 1993 which have received the Assent of the President. Hence, they prevail over the provisions of BDA Act, particularly the "Bangalore Metropolitan Area" as defined under Section 2(c) of the BDA Act when it came into force with effect from 20-12-1975. Therefore, it is urged that BDA has no jurisdiction to frame the scheme in question and to acquire the lands for the implementation of the same.

16. It is stated by the learned Counsel for the BDA that till now the Governor has not specified the Metropolitan Area in exercise of the power under Section 503-B of the KMC Act read with Clause (c) of Article 243-P of the Constitution. Be that as it may.

17. As already noticed, Section 503-B of KMC Act provides for constitution of Metropolitan Planning Committee to prepare development plan to Bangalore Metropolitan Area. It is this Committee that has to prepare the Development Scheme and not the BDA. In this connection it is necessary to look into Section 15 of the BDA Act and the same is extracted hereunder:

"15. Power of Authority to undertake works and incur expenditure for development, etc.--(1) The authority may.--
(a) draw up detailed schemes (hereinafter referred to as "development scheme") for the development of the Bangalore Metropolitan Area; and
(b) with the previous approval of the Government, undertake from time to time any works for the development of the Bangalore Metropolitan Area and incur expenditure therefor and also for the framing and execution of development schemes".

18. It is no doubt true that the BDA Act empowers the BDA to undertake schemes for development of Bangalore Metropolitan Area. But, under Section 503-A of the KMC Act the Metropolitan Planning Committee has to undertake such developmental schemes. This is in consonance with Article 243-ZE of the Constitution. In other words, in order to undertake the development schemes in Bangalore Metropolitan Area, both BDA Act and KMC Act empowers different constituents. But, in respect of the power conferred under Section 15 of the BDA Act there is no support of the Constitution. On the other hand, the power conferred under Section 503-B of the KMC Act is in accordance with Article 243-ZE of the Constitution. Therefore, the provisions relating to development schemes in the Metropolitan Area contained in the KMC Act shall prevail over the provisions of BDA Act. In this view of the matter, it has to be held that BDA has no jurisdiction to take up developmental schemes in Bangalore Metropolitan Area.

Therefore, the decision relied upon by Mr. C.B. Srinivasan is of no assistance to the BDA. That apart, in the said decisions the various provisions referred to above, are not at all considered. Hence, the said decision cannot be a binding precedent. The contention is wholly untenable and baseless. Mr. V. Lakshminarayana has rightly relied upon the decisions in support of his contention and these decisions squarely apply to the facts of the case.

20. It is also to be noted that as per Sub-section (2) of Section 503-B of the KMC Act, the Metropolitan Planning Committee shall consist of 30 members and the Commissioner of the BDA shall be its Secretary whereas under Section 3 of the BDA Act, the BDA consists of 22 only members. The number of members of Metropolitan Planning Committee is larger than the number of members of BDA. The developmental schemes to be undertaken by larger body cannot be taken by small body. The Metropolitan Planning Committee consists of two-thirds of members from elected representatives mentioned in Section 503-B of the KMC Act. The Commissioner of BDA will be the Secretary of the said Committee. The BDA constitutes only members nominated by the State Government. The elected representatives in the Metropolitan Planning Area have got sovereign character and they are accountable and answerable to the public. That is not so in the case of BDA members. For this reason also the BDA has no jurisdiction to undertake developmental schemes in Metropolitan Area. Law in this regard is laid down in the decision reported in Synthetics and Chemicals Limited's case, at para 66 which is extracted hereunder: