PRINTERS MYSORE LIMITED Vs. M A RASHEED

JUDGEMENT

(1.) Validity of a sale deed dated 19.6.1985 executed by the Bangalore Development authority (hereinafter referred to as 'the authority') in favour of the appellant herein was questioned by the first respondent before the High Court by way of a public interest litigation which has been allowed by reason of the impugned judgment. FACTUAL background:

(2.) The appellant is a company incorporated under the Companies Act engaged in printing and publishing of newspapers and periodicals. For grant of allotment of a suitable plot for establishing an industry, an application was filed by it before the said authority and upon consideration thereof, a plot admeasuring 1 acre 20 guntas under the Byrasandra-Travaekere- madivala (BTM) was allotted on a consideration of Rs. 1,87,500/ -. On the said amount having been deposited by the appellant, a deed of sale was executed in its favour by the authority on or about 29.6.1985. The appellant was also put in possession thereof. A licence for fencing the property was also obtained by the appellant.

(3.) In 1988, a public interest litigation was filed by the first respondent herein, inter alia, on the ground that the impugned alienation was against public policy and, thus, illegal and void having regard to the fact neither any public auction was held therefor; nor any tender was called for; nor any public advertisement for sale of the said land was issued.