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1988 Supreme(Kar) 537

K.S.BHATT, P.C.JAIN
PEE KAY CONSTRUCTIONS – Appellant
Versus
K. CHANDRASHEKAR HEGDE – Respondent


Advocates:
A.G.HOLLA, P.V.SHETTY, R.C.Castelino, S.G.SUNDARA SWAMY, SHIVARAJ PATIL, V.C.BRAHMAIAYAPPA, V.P.KULKARNI

SHIVASHANKAR BHAT, J.

( 1 ) THE writ appeal is by respondents 4 and 5 in the writ petition. In the writ petition filed by the first respondent herein, the learned single Judge of this Court held that :" (A) the Corporation is not empowered to grant licences to the owners of the sites in the areas in question to put up multistoreyed/multi-family dwelling units; (b) the scheme under both the CITB Act and BDA Act provides for the construction of the residential houses by the owners of the sites in question and not for exploitation of those sites for construction of multi-storeyed and multifamily apartments for a commercial purposes, residential or non-residential. (c) the schemes envisage that persons who were not allotted sites and who could not have been allotted sites would not be entitled in law to own apartments by taking advantage of the building licences which are not valid for the construction of multi-family dwelling units on the sites in question". [decision is reported in ILR 1988 Kar. 356] consequently, the building licence sanctioned to the appellants was declared to be contrary to the Rules of allotment of the sites and the agreement entered into with the allottees by th

































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