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Purushotham v. State of Karnataka & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10747 of 2013)Decided 2 Dec 2015
Civil Appeal No. 10747 of 2013
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

A plot known as Civic Amenity Site No. 2 in a Bangalore layout was allotted by the Bangalore Development Authority to Bharat Petroleum for a petrol pump. Public-interest writ petitioners argued that the site was earmarked for a bank, so the allotment violated Section 38A of the Act, and the High Court set the allotment aside. The Supreme Court first upheld that decision in 2013, but later recalled its own judgment after official documents obtained under the Right to Information Act showed the High Court had been misled about the site's purpose.

Decision Breakdown

On the authenticated layout plan, the disputed plot (No. 19) had no earmarked purpose; the bank was on a neighbouring plot (No. 20). The Court noted that a petrol pump is a civic amenity notified under the Act by a 1990 notification, and that Section 38A only bars disposing of reserved parks, playgrounds and civic amenities for other purposes. It therefore held that the authority was within its power to allot the plot for a petrol pump. The writ petitions were dismissed and the civil appeals allowed, with no costs, and the Court did not find it necessary to decide any other point.

Lesson Learnt

The official, authenticated layout plan decides what a particular plot may be used for, not a general description of the area or a summary from an earlier record. Official documents produced after a judgment can justify reopening even a final decision through review, which is a useful lesson for citizens relying on RTI requests.

Official source (sci.gov.in)View Judgment (PDF)

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