BANGALORE DEVELOPMENT AUTHORITY Vs. R. JAYAKUMAR

JUDGEMENT

(1.) Having heard the learned counsel for the parties, we are of the opinion that the Division Bench of the High Court of Karnataka has erred by relying upon their earlier decision in the case of E.R. Manjaiah and others v. Bangalore Development Authority and others ILR 1997 KAR 1025 as the factual matrix in the present case is different.

(2.) The respondents in the present case had exercised their option to be governed by the terms of the notification dtd. 15/10/1988. Therefore, the respondents by choice gave up their right to be governed by the earlier notification dtd. 10/3/1988. There were good-reasons why the respondents had given up their right to be allotted sites in terms of the notification dtd. 10/3/1988 as the Bangalore Development Authority, For short, 'the Authority', was not in a position to make allotments to all the applicants registered under the notification dtd. 10/3/1988. In any case, once the respondents had by consent agreed to the terms and conditions mentioned in the notification dtd. 15/10/1988, they cannot fall back on the notification dtd. 10/3/1988.

(3.) The notification dtd. 15/10/1988 had referred to the sites 'proposed' at three different locations/layout plans. Further, Clause 16 of the notification stated thus: