L V HOSALAPPA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE above appeal is preferred against the order dated 1st january 2001 in W. P. No. 1057/1991 (BDA) by the learned Single judge.

(2.) THE facts in brief are as hereunder:- Land bearing Sy. No. 53/3 and Sy. No. 53/4 measuring 1 acre 26 guntas and 1 acre 26 guntas respectively situated at Jakkasandra village originally belonged to Sri N. R. Bhoote having acquired under a registered sale deed dated 4. 11. 1958. The said Bhoote appointed one Sri Nanjunda Mudaliar as a watchman to look after the said property and he died 30 years ago. After his death Sri S. L. Hosahalappa pretending as his relative continued his watchmanship post under N. R. Bhoote.

(3.) THE a fore said land was acquired by the City Improvement Trust Board (CITB) the predecessors of respondent No. 1. Respondent no. 2 issued a preliminary notification dated 26. 1. 1960 and a final notification dated 28. 9. 1965 acquiring the said lands and other lands with an intention to form an industrial layout. Possession was taken on 6. 9. 1975. The said N. R. Bhoote appears to have received the compensation also. Thereafter, the said N. R. Bhoote made an application for grant of industrial site No. 3a so formed in Sy. No. 53/ 3 and 53/4 measuring east to west 120' and north to south 205' by way of reconveyance. On the said application the Bangalore development Authority passed a resolutio. n dated 26. 2. 1975 informing n. R. Bhoote that site measuring 120' x 160' was reconveyed to him at the rate of Rs. 15. 00 per square feet. It appears the said N. R. Bhoote paid a sum of Rs. 16,000. 00 by way of cheque bearing No. 227455 on 6. 7. 1979. There was a delay in payment of the aforesaid amount and therefore it is alleged that the Bangalore Development authority has cancelled the allotment in favour of N. R. Bhoote, though no such resolution is produced before the Court. Thereafter, the bangalore Development Authority issued a notice to the appellant herein on 8. 11. 1979 directing him to deliver vacant possession of the acquired land. The appellant replied to the said letter and requested for three months time to vacate the premises by his reply dated 19. 11. 1979. After the said request he filed a suit O. S. 6171/ 1980 on the file of the VII Additional City Civil Judge, Bangalore, for injunction against the BDA. The said Suit after contest came to be dismissed by judgment and decree dated 3. 7. 1984. Against the said judgment and decree he preferred an Appeal RFA 457/84 before this Court. When the said Appeal came up for hearing on 5. 2. 1999 it was submitted that he has made an application to the State government and also to the BDA for allotment of the site in question in his favour and the same is under consideration. On the aforesaid submission this Court disposed of the sale Appeal on 5. 2. 1999 with a direction that the appellant should not be disturbed from possession till the BDA or the Government takes decision on his request.