PURUSHOTHAM Vs. STATE OF KARNATAKA & ORS

JUDGEMENT

(1.) The appellants are aggrieved by the common judgment dated 05.09.2011 in Writ Petition No. 5428 of 2006 and Writ Petition No. 5173 of 2006 on the file of High Court of Karnataka at Bangalore. The High Court took the view that Civic Amenity Site No. 2 has to be utilised only for the purpose for which it was earmarked, viz., for a Bank and, hence, the allotment of the same by the Bangalore Development Authority (hereinafter referred to as 'BDA') to be used as a petrol retail outlet was set aside being in violation of Section 38A of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'Act'). The respondents in the writ petitions, aggrieved, pursued the matter before this Court.

(2.) The appeals were initially dismissed by judgment in Purushottam v. State of Karnataka, 2014 3 SCC 721. Having noticed that there were factual mistakes in the judgment of the High Court which was upheld by this Court, by a detailed order dated 10.09.2015, the review petitions were allowed and the judgment referred to above was recalled.

(3.) For the purpose of ready reference we shall reproduce the order passed by this Court on 10.09.2015 as such: -