KANCHAN DEVI SIPANI Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE facts of the case are as follows:

(2.) THE petitioner is said to be the owner of property bearing no.862/E, 13th Main, 7th Cross, Koramangala, Bangalore. THE same was said to have been purchased at an auction conducted by the Bangalore Development Authority (Hereinafter referred to as 'the BDA' for brevity) and the property has been conveyed under a sale deed dated 3-7-1992.

(3.) THE BDA has entered appearance and opposed the petition and it is contended that the petitioner admittedly has not been allotted the intermediate or marginal land. THE tentative offer not having been accepted by the petitioner to pay the price demanded by the BDA , there is no obligation on the BDA to allot the land and the admitted construction over the said land is clearly unauthorized and illegal. It is further contended that the petitioner had earlier approached this court for the very same relief culminating in the judgement rendered in W.A.No.1616/2003 and this has been deliberately suppressed by the petitioner.