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2005 Supreme(Kar) 144

AJIT J.GUNJAL, S.R.NAYAK
BANGALORE DEVELOPMENT AUTHORITY – Appellant
Versus
SUMITRADEVI – Respondent


Advocates:
M.Ram Bhat, Sujatha

S. R. NAYAK, J.

( 1 ) THIS writ appeal preferred by the Bangalore Development Authority (for short, 'bda'), is directed against the order of a learned Single Judge of this Court dated 19-12-2001 passed in Writ Petition No. 28479 of 1999.

( 2 ) THE facts of the case, in brief, are: in response to an application made by the respondent herein, she was allotted a site bearing No. 2268/c admeasuring 30' x 40' in HAL II stage, Bangalore, by the Chairman of the BDA on 28-1-1978. The respondent paid the value of the site and thereafter, lease-cum-sale agreement was executed on 26-2-1979. The respondent was put in possession of the site vide possession certificate dated 7-3-1979 marked as Annexure-C. The respondent has been paying assessment after she was put in possession of the site. In support of it, the respondent has produced a certificate dated 19-6-1981 marked as Annexure-D issued by the Revenue Officer, BDA, Bangalore. After the respondent was put in possession of the site, she mobilised funds and put up construction after getting the plan approved by Bangalore Mahanagara Palike (BMP ). The construction of the ground floor was completed in the year 1983. Subsequently, she constructe


















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