SRINIVAS JAGIRDAR Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER Sri Srinivas Jagirdar is before me challenging the proceedings of the Commissioner, Bangalore Development Authority, vide No. Bangalore Development Authority/commr. /ds:ii/3601/200001, dated 11-7-2000 and order bearing No. Bangalore Development authority/commr. /ds:ii/indl. SITE/60/2000-01, dated nil (Composite order) (Annexure-A) issued by the respondent-Commissioner, bangalore Development Authority, in the case on hand.

(2.) FACTS in brief are as under: petitioner was allotted an industrial site bearing No. 60, industrial Suburb, II Stage, Rajajinagar, Bangalore, measuring 132' x 330' by the then City Improvement Trust board ('citb' for short ). The lease-cum-sale agreement dated 20-10-1975 was registered in the office of the jurisdictional sub-Registrar. Petitioner was put in possession and possession certificate was , issued to the petitioner. Thereafter, CITB issued a licence dated 7-9-1976 for construction of industrial sheds. Licence was granted to the petitioner to put up construction. Petitioner is paying taxes in respect of the property. Khata extract stands in the name of the petitioner. Petitioner obtained loan from Karnataka State financial Corporation (for short, 'ksfc') and to secure the repayment of the said loan amount, petitioner executed a mortgage deed in favour of the KSFC. In the year 1984, petitioner inducted M/s. Balaji Finishings, a sister concern of m/s. Gokuldas Exports as a tenant in respect of a portion of the subject property. Under the agreement M/s. Balaji finishings was entitled to pay monthly rentals payable in respect of the lease property to the KSFC directly to discharge the loan obtained by the petitioner. Along with the said M/s. Balaji Finishings, two other tenants were also inducted in respect of the other portions of the property. They were authorised to pay the rentals to the KSFC directly towards discharge of the petitioner's loan liability to the KSFC. No dues certificate was issued by the KSFC in terms of Annexure-H. Petitioner thereafter applied for execution and registration of the absolute sale deed in respect of the subject property enclosing the documents referred to above and the sale deed was executed in respect of the property measuring 132' x 330' in favour of the petitioner under the sale deed dated 31-81998. Thus the petitioner became the absolute owner of the subject property measuring 132' x 350' which is equal to 4,840 sq. yards. BDA issued a show-cause notice dated 7-12000 calling upon the petitioner to show cause as to why the said property should not be bifurcated on the ground that the ksfc had sold 132' x 250' of the property of favour of M/s. Gokuldas Exports. A reply was sent by the petitioner. Thereafter, the present order was passed by the respondent in the matter.

(3.) PETITIONER states that the KSFC initiated proceedings under Section 29 of the State Financial Corporations Act, 1951. That was questioned by the petitioner in W. P. No. 10352 of 1986. It was dismissed and dismissal was confirmed by Apex Court in S. L. P. No. 17041 of 1994. Petitioner has raised several grounds in respect of the dispute. Respondents entered appearance.