- (1.) Leave granted.
(2.) I have had the advantage of reading in draft the judgment of my learned Brother Sahai, J. and I am in complete agreement with what he has stated. It is in support of his reasoning and conclusion that I add the following words.
(3.) A site near the Sankey's Tank in Rajmahal Vilas Extension in the City of Bangalore was reserved as an open space in an improvement scheme adopted under the 'City. of Bangalore' Improvement Act, 1945. This Act was repealed by Section 76 of the Bangalore Development Authority Act, 1976 (Karnataka Act No. 12 of 1976) (hereinafter referred to as the "Act") which received the assent of the Governor on 2-3-1976 and is deemed to have come into force on 20-12-1975. By a notification issued under Section 3 of the Act, the Government constituted the Bangalore, Development Authority (the "BDA"), thereby attracting Section 76 which, so far as it is material, reads:- "76. Repeal and Savings (1) On the issue of the notification under sub-section (1) of Section 3 constituting the Bangalore Development Authority, the City of Bangalore Improvement Act, 1945 (Mysore Act 5 of 1945) shall stand repealed. (2) and (3)........................................ Provided further that anything done or any action taken (Including any appointment, notification, rule, regulation, order scheme or bye-law made or issued, any permission granted) under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act: Provided also that any reference in any enactment or in any instrument to any provision of the repealed Act shall uilless a different intention appears be construed as a reference to the corresponding provision of this Act. (4)..........................." (Emphasis supplied) Accordingly, the scheme prepared under the repealed enactment is deemed to have been prepared and duly sanctioned by the Government in terms of the Act for the development of Rajmahal Vilas Extension. In the scheme so sanctioned the open space in question has been reserved for a public park.;