BANGALORE DEVELOPMENT AUTHORITY Vs. SAVITRI SANGHI

JUDGEMENT

(1.) Though we are not at all satisfied about the legality of the order passed by the State Commission directing the Appellant herein to handover the possession of the building to the Respondent even before final disposal of the complaint case which is pending before the State Commission, we are inclined to take a humanitarian view of the case in view of the submission made before us by the representative of the Respondent that the possession of the building has already been handed over to the respondent on 24.9.1990. We cannot however allow the respondent to retain the possession of the building without executing and getting registered the necessary documents as per the rules of the Bangalore Development Authority. The respondent is therefore directed to execute the necessary lease -cum -sale document in the form prescribed by the Bangalore Development Authority and deposit the said documents together with the amount of Stamp duty payable in respect of the document (such duty being calculated on the escalated price) in the office of the Bangalore Devel - the event of failure on the part of the respondent to comply with the aforesaid direction this appeal will stand allowed, the order of the State Commission directing the Bangalore Development Authority to hand over the possession of the building to the Respondent will automatically stand set aside and the status -quo ante shall be restored by dispossessing the respondent. The appeal is disposed of above.