( 1 ) HAVING been unsuccessful before both the learned Single Judge as well as the Division Bench, the Corporation of the City of Bangalore is in appeal challenging the order of the Division Bench of the High Court in Writ Appeal no. 1746 of 1991 dated 2-8-1991.

( 2 ) THE appellant granted lease of a site measuring 80 x 92 in Banappa park, District Office Road, Bangalore to the respondent for 50 years by a lease deed dated 3-12-1981. In 1985, the Karnataka Parks, Play-fields and open Spaces (Preservation and Regulation) Act, 1985 came to be passed. On 11-10-1986 the appellant issued notification including the said land in the list of open spaces. It is on 30-10-1986 that the appellant passed a resolution declaring the site in question as civic amenities reserved for park and playground and then by resolution dated 15-1-1988 cancelled the lease granted in favour of the respondent. And by notice of 27-10-1988 the appellant demanded possession of the said site pursuant to the aforementioned cancellation of the lease. The respondent challenged the validity of the said notice in Writ Petition No. 17757 of 1988 in the High court.

( 3 ) A learned Single Judge allowed the writ petition and