BANGALORE DEVELOPMENT AUTHORITY Vs. A. KRISHNAPPA

JUDGEMENT

(1.) This is an appeal by the defendant-BDA.

(2.) It was the case of the plaintiff that Sy.No.105/2, measuring 3 acres situate at Nainappanashettypalya, Begur Hobli, Bangalore South Taluk was the property of one Muninanjappa and he had gifted the property to J.Ajjappa under the registered Gift Deed dtd. 6/3/1931 and J. Ajjappa had thus become the absolute owner of the said property. It was also stated that the khata of the said property was also registered in his name. It was contended that J. Ajjappa wanted to form a Layout of Industrial sites and he had, therefore, applied to the BDA for grant of an 'NOC' for conversion of the land from agricultural to industrial purposes and the BDA by its letter dtd. 6/7/1972 had recommended to the Deputy Commissioner to grant conversion.

(3.) It was stated that pursuant to the said recommendation, the Deputy Commissioner had granted permission by his Official Memorandum dtd. 9/10/1972 and had permitted J. Ajjappa to use the land for non- agricultural industrial purpose. It was stated that J. Ajjappa was also called upon to pay a sum of Rs.4,000.00 per acre as conversion fine. It was also stated that subsequently, J. Ajjappa was exempted from payment of conversion fine as he was an ex-serviceman.