COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY versus S. VASUDEVA AND ORS.

COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY versus S. VASUDEVA AND ORS.

Bulk allotment of land to a registered housing cooperative society is valid when no prior claims are denied; government directions to permit transfer contrary to the Rules are invalid; transfers made in violation of Rule 14 are illegal but may be regularised according to amended Rules upon payment of statutory fee; High Court exceeded its jurisdiction by issuing directions outside the scope of the writ petition.

Parties
Appellant: Commissioner, Bangalore Development Authority; Respondent: S. Vasudeva and Ors.
Jurisdiction
India
Judgment Date
18 January 2000
Procedural Posture
Civil Appeal / Disposal on Appeal After Grant of Special Leave
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Land Allotment, Government Directions, Housing Cooperative Societies, Transfer of Allotted Land, Judicial Review, Regularisation of Transfers
Urban Development Administrative Law Constitutional Law Land Allotment Government Directions Housing Cooperative Societies Transfer of Allotted Land Judicial Review +1 more

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Parties

Commissioner, Bangalore Development Authority

Appellant

S. Vasudeva and Ors.

Respondent

Procedural Posture

Civil Appeal / Disposal on Appeal After Grant of Special Leave

Legal Issues

  1. 1 Validity of bulk allotment of land to cooperative society by Development Authority
  2. 2 Effect of government directions contrary to statutory rules
  3. 3 Transfer/sale of allotted sites in contravention of Rules

Ratio Decidendi

Bulk allotment of land to a registered housing cooperative society is valid when no prior claims are denied; government directions to permit transfer contrary to the Rules are invalid; transfers made in violation of Rule 14 are illegal but may be regularised according to amended Rules upon payment of statutory fee; High Court exceeded its jurisdiction by issuing directions outside the scope of the writ petition.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Bangalore Development Authority to give opportunity to purchasers to regularise transfers upon payment of 25% of sital value as determined by government
  • Notice to purchasers to be issued within eight weeks; if not deposited, land will be resumed by BDA