S. VENKATESH S/O C. SARANGAPANI Vs. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE -560020

JUDGEMENT

(1.) THE petitioner has called into question the order, dated 28.5.2010 (Annexure -W) cancelling the allotment of an industrial plot made in favour of one M. Venkatachalam.

(2.) THE facts of the case in brief are that the Bangalore City Improvement Trust Board [for short 'CITB' (respondent's predecessor)] executed an agreement in favour of one M. Venkatachalam in 1962 in respect of an industrial plot bearing No.78, Small Scale Industrial Area. Rajajinagar, Bangalore. The agreement contained the following conditions: 1. The plans of the buildings for the small scale industry, which should conform to the Mysore Factories Act or any other law controlling the small scale industries, should he got approved by the Chairman. City Improvement Trust Board. Bangalore or person authorised on his behalf. 2. The area granted should not be sub -divided.

(3.) THE grant of the site is subject to the condition that if the site be intended to be sold or otherwise disposed of by the grantee there will be a pre -emption clause in favour of Board at the rate that may be fixed by the Board which shall be final