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1991 Supreme(Kar) 522

S.P.BHARUCHA, S.A.HAKEEM
BANGALORE DEVELOPMENT AUTHORITY – Appellant
Versus
VISHWA BHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. – Respondent


Advocates:
H.K.Vasudeva Reddy, T.S.RAMACHANDRA RAO

HAKEEM, J.

( 1 ) THIS appeal by the Bangalore Development Authority is directed against the order of the learned Single Judge directing the appellant to consider and dispose of the respondent's application for sanction of the layout plan in accordance with law within ninety days of the receipt of the order.

( 2 ) BRIEF facts are as follows :the respondent is a Society registered under the Co-operative Societies Act. The Society along with the All Karnataka Young Writers and Artists Association, bangalore, preferred an application on 5/10th February, 1986 under Section 32 (2) of the Bangalore Development Authority Act, 1976 ('the B. D. A. Act') seeking approval for the formation of a residential layout in Sy. Nos. 26, 28, 29 and 30 of avalahalli village, Kengeri Hobli, Bangalore South Taluk, in accordance with the layout plan submitted with the application. That application was made in their capacity as the owners of the said land. By his communication dated 11th April, 1986 (Annexure-C) addressed to the Secretary of the All Karnataka Young Writers and Artists Association, the Commissioner, Bangalore Development Authority, rejected the application for the reasons set out therein. Ag












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