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july 1991

Supreme Court of India · 1991-07-19

BANGALORE MEDICAL TRUST vs B.S. MUDDAPPA AND ORS.

Citation / case number
SC 1991/80307
Court
Supreme Court of India
Petitioner
BANGALORE MEDICAL TRUST
Respondent
B.S. MUDDAPPA AND ORS.
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court ruled that the Bangalore Development Authority's (BDA) diversion of a site reserved for a public park to a private medical Trust for hospital construction was invalid under the Bangalore Development Authority Act, 1976, specifically citing Sections 2(b), 15, and 19(4). The Court held that while the BDA has authority over the land, the legislative intent to preserve open spaces for public use must be upheld, and a hospital does not qualify as a civic amenity under the Act. Consequently, the Court upheld the Division Bench's decision to set aside the allotment, emphasizing the need for adherence to statutory provisions regarding public land use.

BANGALORE MEDICAL TRUST vs B.S. MUDDAPPA AND ORS. · Niyam