CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

W.A.No.479/2021 is filed by the appellant- BDA under Section 4 of the Karnataka High Court Act , 1961 challenging the order dated 18.12.2020 passed by the learned Single Judge in W.P.No.11182/2020.

CCC No.492/2021 is filed by the respondent No.2 alleging willful disobedience of the learned Single Judge.

2. The brief facts leading to filing of the appeal are that the respondent No.2 was allotted site bearing No.276 at HBR Layout, I Stage, 5^th Block (Sy.No.53, Hennur Village, Bengaluru) by the appellant-Bangalore Development Authority (hereinafter referred to as 'the BDA'). A lease-cum-sale agreement was also entered into between the parties. The respondent No.2 sought allotment of an alternate site on the ground that the allotted site was not in existence and the appellant-BDA allotted the alternate site bearing No.18 at extended RMV II Stage layout (Sy.No.28 of Bhoopasandra Village, Bengaluru). The appellant-BDA sought additional amount towards the value of the alternate site which was challenged by the respondent No.2 in the writ petition. The learned Single Judge allowed the writ petition by quashing the endorsement dated