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2004 Supreme(SC) 430

S. B. SINHA, S. H. KAPADIA
Printers (Mysore) LTD. – Appellant
Versus
M. A. Rasheeds – Respondent


JUDGMENT

S.B. Sinha, J.-

Introduction :

Validity of a sale deed dated 19.6.1985 executed by the Bangalore Development Authority (hereinafter referred to as the Authority ) in favour of the appellant herein was questioned by the first respondent before the High Court by way of a public interest litigation which has been allowed by reason of the impugned judgment.

Factual Background :

2. The appellant is a company incorporated under the Companies Act engaged in printing and publishing of newspapers and periodicals. For grant of allotment of a suitable plot for establishing an industry, an application was filed by it before the said Authority and upon consideration thereof, a plot admeasuring 1 acre 20 guntas under the Byrasandra-Travaekere-Madivala (BTM) was allotted on a consideration of Rs. 1,87,500/-. On the said amount having been deposited by the appellant, a deed of sale was executed in its favour by the authority on or about 29.6.1985. The appellant was also put in possession thereof. A licence for fencing the property was also obtained by the appellant.

3. In 1988, a public interest litigation was filed by the First Respondent herein, inter alia, on the ground that the impugned a





















































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