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Head Note

Constitution of India, 1950  - Article 14 , Article 226

Housing - Violation of Lease - Plot allotment - Violation of the terms of the lease-cum-sale agreement - Alleged that they have individually entered lease-cum-sale deed with the Bangalore Development Authority - By constructing a multi-storeyed residential building on the plots allotted to them they violated the conditions of lease-cum-sale deed - Case set up by 'N' is not of a violation of the letter dated 24th September, 2009 but of a violation of condition No. 4 of the lease-cum-sale agreement - Under these circumstances it is not understand how it has been found by the High Court that amalgamation of the two plots (assuming it to be so) is a breach or violation of the lease-cum-sale agreement as condition No. 4 provides that the plot is not to be subdivided - Factually there is no sub-division of the plots and to that extent there is no violation of condition No. 4 of the lease-cum-sale agreement.

Constitution of India, 1950  - Article 14 , Article 226

Housing - Violation of Lease - Plot Allotment - Violation of the terms of the lease-cum-sale agreement alleged - Buildings were and are still under construction - It is too early to say that there has been a violation of the sanctioned plan - No doubt there are some deviations as pointed out by the BBMP but that is a matter that can certainly be attended to by appellants on the one hand and the BBMP on the other - Mere existence of some deviations in the buildings does not lead to any definite conclusion that there is either a breach or a violation of condition No. 4 of the lease-cum-sale agreement or the building plan sanctioned by the BBMP.

Topic(s)-Housing - Violation of Lease - No