09 February 2016
Supreme Court
Download

BANGALORE DEVELOPMENT AUTHORITY Vs D.N. GOPALAKRISHNA REDDY

Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-000970-000975 / 2009
Diary number: 16147 / 2007
Advocates: ANKUR S. KULKARNI Vs RAGHAVENDRA S. SRIVATSA


1

Page 1

NON-REPORTABLE IN THE SUPREME COURT OF INDIA

                  CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.970-975 OF 2009

            BANGALORE DEVELOPMENT AUTHORITY   ... APPELLANT(S)  

               VS.    D.N. GOPALAKRISHNA REDDY  ... RESPONDENT(S)

       J U D G M E N T     Anil R.Dave, J.

1. Heard the learned counsel for the parties.  2. It is an admitted fact that there is a constructed house on an area admeasuring 40'x 60'. 3. So  far  as  the  remaining  land  is  concerned,  there appears to be some dispute whether possession of the said remaining land has been taken by the appellant and as to whether compensation in respect of the entire land is paid and its legal effect. 4. In  these  circumstances,  we  set  aside  the  impugned judgment and remit the matters to the High Court so that the High Court, after hearing the learned counsel for the parties and after considering the present position of the land  in  question,  can  decide  the  matter  afresh  in accordance with law.

1

2

Page 2

5. The parties shall appear before the High Court on 14th

March, 2016 so that the High Court can fix the date on which the matter can be finally disposed of. 6. The parties shall maintain status quo till the High Court passes any further order. 7. In view of the above, the civil appeals are disposed of as allowed.  No order as to costs.  Pending application, if any, stands disposed of.

       ..............J.  [ANIL R. DAVE]  

.................J. [ADARSH KUMAR GOEL]

New Delhi; 9th February, 2016.

2