CHIKKAMUNIYAPPAREDDY MEMORIAL TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A public trust formed and registered on 7-3-1984 in the name and style chikkamuniyappa reddy memorial trust, bangalore represented by its president Dr. K. c. rajureddy is before this court primarily questioning the legality or otherwise of the notification in No. Hc. Pr. Alao 389 bda 76-77 issued under Section 19 (1) of the city improvement trust board act, 1945 ('the improvement act' for short) published in Karnataka gazette on 5-5-1977 and the final notification No. Hud 49 mnj 78, dated 14-5-1980 issued under sub-section (1) of Section 18 of the improvement ACT published in Karnataka gazette, dated 12-6-1980 insofar as they relate to acquisition of land bearing sy. No. 4/3 measuring 3 acres 4 guntas situated at kacharakanahalli village, bangalore north taluk. Incidentally, petitioner also seeks a writ of mandamus to direct the state government to take necessary action in pursuance of the resolution made by the 2nd respondent-bangalore development authority ('bda' for short) in No. 571/b, dated 7-8-1987.

(2.) BRIEFLY stated the facts are: petitioner-trust is formed and registered for public and charitable purposes. It was formed on 24-2-1984 and registered before the sub-registrar of assurances on 7-3-1984. As defined in the interpretation clause Section 3 of the Indian trusts act, 1982, a 'trust' is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner. The 'author' of the trust is defined as the person who reposes or declares the confidence. A 'trustee' is a person who accepts the confidence. The 'beneficiary' is the person for whose benefit the confidence is accepted. The 'trust property' or 'trust money' is the subject-matter of trust. The 'beneficial interest' or 'interest' of the beneficiary is his right against the trustee as owner of the trust property and the instrument, if any, by which the trust is declared is called the 'instrument of trust'.

(3.) THE essential feature of a trust involves four in gredients: (a) settlor or donor; (b) trustee or trustees; (c) the beneficiary; and (d) the subject-matter of the trust.