Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bangalore Development Authority Act 1976 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Development : Bangalore Development Authority Act, 1976 : Sections 39 and 38-B (inserted in 1993 w.e.f 20-12-1975)-Allotment A B c of land-By Development Authority-Bulk allotment of land made to registered housing cooperative society for further allotment to its member.1-Validity of-Held : In the absence of any averment to indicate that allotment of land was denied to any society, organisation or person registered with the Development Authority prior to the registration of the said society, such allotment valid-Cooperative Societies. Section 65-Government's power-To give direction to Development Authority-Scope of-Held : Government has no power to issue direction contrary to the provision of the Act or Rules framed under it--R. 14(2) (as it then stood) did not permit sale of vacant site even with Development Authority's permission, there/ ore Government cannot direct the Authority to permit such sales-Hence, such sales invalid-However, with the insertion of R. 14(2) such alienation can be regularised only under the circumstances provided by R. 14(3). Bangalore Development Authority (Allotment of Sites) Rules, 1984. Rule 14(3)-Sale of sites-By allottees-Grounds for-Held: Not only the insolvency of the allottee but also his inability to reside in the city and their impecuniosity are also valid grounds. Allotment of land-Transfer of sites-By allottees-Development Authority permitted transfer of sites by allottees in contravention of Rule:.-Subsequently, Rules were amended permitting such transfer subject to the purchases paying 25% of sital value as determined by Government:--Held : Development Authority directed to give an opportunity to the purchasers to get the transfer regularised on payment of 25% of sital value. Constitution of India, 1950: Article 226--·Writ petition- Interference under-Scope of-Writ petition challenged only out-of-tum allotment of sites to some members of Cooperative Housing Society and the Transfers made by some allottees-However, High Court not only held the bulk allotment of land to the society invalid but also directed the Development Authority to constitute a committee to go into all the allotments made by it--Correctness of-Held : High Court, by issuing the impugned directions, travelled way beyond the scope of the writ petition-Hence, High Court not justified in issuing such directions. |
Judge | Honble Mr. Justice B.N. Kirpal |
Neutral Citation | 2000 INSC 23 |
Petitioner | Commissioner, Bangalore Development Authority |
Respondent | S. Vasudeva And Ors. |
SCR | [2000] 1 S.C.R. 275 |
Judgement Date | 2000-01-18 |
Case Number | 456 |
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