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Supreme Court of India 2021-12-06 allowed

Bangalore Development Authority vs N. Nanjappa and another

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The Supreme Court held that the Bangalore Development Authority (BDA), having acquired land under the Bangalore Development Authority Act 1976, could challenge a lease agreement executed after acquisition through obstruction proceedings under Order XXI Rule 97 CPC. The Court ruled that the Executing Court must implead the BDA and adjudicate the BDA's claim to right, title or interest in the property under Order XXI Rule 101 CPC, without requiring a separate suit. The court quashed the dismissal orders of both the Executing Court and High Court and directed the Executing Court to determine all questions relating to the BDA's claim based on the land acquisition within six months.

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Civil Procedure Land Acquisition Execution of Decree Right Title and Interest Impleadment

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