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5. Some of the writ petitions filed after reserving the batch of writ petitions, were also ordered to be connected to the writ petitions which were already heard and reserved for orders as they also involve the same or similar facts and the question of law.

6. On the basis of the pleadings and the contentions urged, the following points emerge for consideration.--

POINTS

1. Whether the definition of "Bangalore Metropolitan Area" under Section 2(c) of the BDA Act exists in view of Articles 243-ZE and 243-P(c) of the Constitution of India and Section 503-B of the Karnataka Municipal Corporations Act, 1976 and BDA has got jurisdiction to frame the developmental Scheme in Bangalore Metropolitan Area?

(emphasis supplied) Therefore, the question is, which definition should be taken into consideration to resolve the present point?

12. (i) As per Clause (c) of Article 243-P of the Constitution, the Metropolitan area shall be specified by the Governor by public notification. The Governor has to specify the Metropolitan Area on the advice of the Council of Ministers as provided under Article 163 of the Constitution.

(ii) Article 243-ZE of the Constitution stipulates constitution of Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan Area as a whole. The Legislature of concerned State shall, by law, make provision for composition of the said Committee. In this regard, Section 503-B of KMC Act stipulates that the Government shall constitute Metropolitan Planning Committee for the Bangalore Metropolitan Area. As per the Explanation of this provision, "Bangalore Metropolitan Area" means the area specified by the Governor under Clause (c) of Article 243-P of the Constitution, which is already extracted.

"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.