M/S Bangalore Kidney Foundation v. Bangalore Development Authority (Bda)
Case brief
What is this about?
Keywords: civic amenity (CA) site lease renewal; Bangalore Development Authority (BDA); CA site No.6, Padmanabhanagar, Bengaluru; Bangalore Kidney Foundation; Nephro Urology Trust; MOU dated 28.07.1999; renewal of lease in favour of occupant/third-party trust; resolution dated 31.08.2017 Subject No.117/17; C.A. Site Lease Agreement (Renewal) dated 28.02.2018; absence of specific statutory provision; reasoned order; Estate Officer; Articles 226 and 227 Constitution of India; Indian Trust Act 1882; writ of certiorari; writ of mandamus; arbitration award A.C.No.124/2017; impugned resolution kept in abeyance; contentions kept open; Karnataka High Court; Justice M.G.S. Kamal.
What did the court decide?
Neither the prayed-for quashing (certiorari) nor the mandamus was granted. The petition was disposed of by relegating the parties to the respondent-BDA to pass a reasoned order referring to specific provisions of law within twelve weeks; the impugned resolution was kept in abeyance till such orders; the respondent-authority was directed not to obstruct respondent No.2's operations meanwhile; parties to appear before the Estate Officer on 27.01.2025; all contentions kept open.