The petitioner who was the successful bidder was issued

with a letter of acceptance on 30.10.2014 for construction of

the Skywalk and the petitioner was required to construct the

Skywalk, Design, Build, Finance, Operate and Transfer (DBFOT)

3

basis near Anil Kumble Circle- from LIC to Bible Society of India

and an agreement was executed by the respondent No.3 in

favour of the petitioner.

2.

Thereafter, the petitioner was required to change

the location of the Skywalk from Cubbon park corner to KSCA

Stadium gate on Queen's road and from Mahatma Gandhi Park

to Bible Society compound on M.G. Road after taking necessary

approval

from

the

respondent-Commissioner,

BBMP.

The

petitioner claims that after having been issued with the work

order for construction of Skywalk, at that point of time, the

respondent No.2 unilaterally cancelled the agreement without

assigning any reasons.

3.

Mr. S.M. Chandrashekar, Learned Senior Counsel

appearing for the petitioner's counsel, submits that the

cancellation of the agreement unilaterally is in violation of

principles of natural justice and also in the absence of any

breach of terms and conditions contained in the agreement

executed in favour of the petitioner is impermissible. He further

submits that the petitioner undertakes to modify the alignment

4

of the Skywalk, if it is the case of the respondent-BBMP that the

Skywalk would block the view of the Mahatma Gandhi statue.

4.

On the other hand, the learned counsel appearing for

the respondent-BBMP submits that at the time of construction of

the foundation work there was a protest from the citizens of the

Bengaluru city, different organizations and political parties for

construction of the Skywalk near the statue of Mahatma Gandhi

since the erection of the Skywalk would block the view of the

Mahatma Gandhi statue which is the iconic point of the

Bangalore city. Hence, to avoid the law and order, the

agreement and the work order executed in favour of the

petitioner was unilaterally cancelled. He further submits that

respondent No.3 denies that the petitioner has completed the

construction of the foundation for erection of Skywalk after

spending nearly 50 lakhs rupees.

5.

I have examined the submission made by the

learned counsel appearing for the parties.

5

6.

Initially, the petitioner was entrusted with the work

order for constructing the Skywalk near Anil Kumble Circle -

from LIC to Bible Society of India and from LIC to Fire station on

Design, Build, Finance, Operate and Transfer (DBFOT) basis.

Thereafter, the location of the Skywalk was changed and the

supplementary agreement was executed in favour of the

petitioner for construction of Skywalk from Cubbon park corner

to KSCA Stadium gate on Queen's road and from Mahatma

Gandhi Park to Bible Society compound on M.G. Road. The

supplementary agreement is dated 16.9.2016.

7.

Thereafter, the respondent-BBMP cancelled the

agreement as well as the work order issued in favour of the

petitioner stating that the Superintendent of Engineer, TEC,

BBMP inspected the site and issued orders for cancellation of the

work order. There is no reason assigned for cancellation of the

agreement in the impugned communication.

8.

The parties having entered into the statutory

contract, the respondent-BBMP was under an obligation to issue

notice before cancelling the agreement executed in favour of the

6

petitioner. The Respondent- BBMP has not assigned any reasons

for

cancelling

the

agreement.

Hence,

the

impugned

communication cancelling the agreement is arbitrary and in

violation of principles of natural justice.

9.

The respondent-BBMP in the statement of objections

has stated that since there was a protest from the citizens of

Bangalore city and various organizations, etc., for erection of

Skywalk which would block the view of the Mahatma Gandhi

statue which is an iconic statue in the Bengaluru city, the

agreement has been cancelled. The validity of the impugned

communication must be judged by rea