MUNIYAPPA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant was the writ petitioner in Writ Petition No. 2495 of 1979 wherein he had sought for issue of a writ of mandamus to the respondent-Bangalore Development Authority to deliver the possession certificate in respect of 1 acre of land in Sy. No. 5/3C of Jadahalli denoted by 'ABCD' in the plan-Annexure-B as per the agreement Ex. 'A' executed by it. The learned Judge held that the BDA had or has no power to reconvey the land acquired to implement a scheme and so negatived the contention of the learned Advocate for the petitioner and held that there was no proper pleading to accept the contention advanced by the learned Advocate for the appellant that the respondent had agreed to grant him an acre of land and even if that contention were to be accepted writ jurisdiction was not the proper forum to enforce such a contract and the petitioner should have approached the Civil Court in that regard for specific performance of the agreement in question. Consequently, the writ petition came to be dismissed. It is being aggrieved by this order that the writ petitioner has preferred the present appeal.

(2.) In this appeal, the learned Advocate for the appellant prayed for permission to urge an additional ground that what was sought and was granted by the predecessor of the respondent, viz., the City Improvement Trust Board was allotment of the site measuring 1 acre and it had been loosely worded as 'reconveyance' and the several documents produced in this appeal go to support such a contention. The learned Advocate for the appellant was permitted to raise this additional ground, and the respondent's Advocate was afforded an opportunity to meet the said case and also file his additional objections in that regard.

(3.) The learned Single Judge has pointed out that the BDA had or has no power to reconvey the lands acquired to implement a scheme relying upon the decision of this Court in B.N. Sathyanarayana Rao v State of Karnataka, ILR1987 Kar. 790 and in B. Venkataswamy Reddy v State ofKamataka, ILR 1989 Kar. 75. This proposition is absolutely unexceptionable having regard to the provisions of the BDA Act as also the Rules of Allotment of Sites framed under the said Act.