SUCHITRA CINEMA AND CULTURAL ACADEMY Vs. COMMISSIONER, BDA

JUDGEMENT

(1.) This judgment needs to be prefaced with what more than a century ago, a great Judge of US Supreme Court Justice Oliver Wendell Holmes in TOWNE vs. EISNER, 245 U.S. 418 (1918). had observed:

(2.) The Petitioner, a private Trust registered under the provisions of Indian Trusts Act, 1882 is grieving before the Writ Court against the BDA's Letter dtd. 19/11/2014 (Annexure-M) whereby it is asked to pay back a sum of Rs.50.00 Lakh on the ground that such a 'donation' could not have been made by the BDA - an authority constituted under the Bangalore Development Authority Act, 1976 whilst renewing lease of the sites in question.

(3.) The impugned letter reads as under: <IMG>JUDGEMENT_64_LAWS(KAR)1_2023_1.jpg</IMG>