POORNAPRAJNA EDUCATION CENTRE Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, an educational institution, a unit of Udupi Sri Admar Mutt Education Council, aggrieved by the resolution dated 18.12.2007 in Subject No. 274/2007 Annexure-"J" and the communication dated 4.1.2008 Annexure-"K" of the respondent -Bangalore Development Authority (for short 'BDA'), respondent, has presented this petition to quash the resolution and the communication or in the alternative, to direct the respondents to treat the Schedule property as reserved for "park and playground" instead of park only.

(2.) The petitioner established a school in 1984 to cater to children residing at Indiranagar, Bangalore. Abutting the school premises is said to be a "park and playground" the petition Schedule property (for short 'PSP'). According to the petitioner, in the close vicinity of the school, there are four parks, sufficient in number, for the layout while the 'PSP' was reserved for park and open space and hence, the petitioner approached the BDA with an offer to develop and maintain the 'PSP' not only for the residents of the area and the children studying in the school managed by the petitioner but also for children studying in other schools in the vicinity. Pursuant thereto, the BDA is said to have executed an agreement dated 18.07.1990 according permission to the petitioner to develop and maintain the 'PSP' as park and playground which was regularly renewed until the year 2005 under the last of the agreement dated 17.03.2003. Petitioner claims to have invested several lakhs of rupees by engaging the services of professional contractors to maintain the "PSP". The BDA it is said, issued a notification dated 7.12.2006 Annexure-"D" inviting applications for allotment on lease basis several civic amenity sites including the 'PSP' by describing it as "park and playground". The petitioner responded by filing an application and making an initial deposit of Rs. 14,20,165/- whence the committee for allotment of civic amenity sites having recommended the allotment in favour of the petitioner, the BDA by resolution dated 20.03.2007, as communicated to the petitioner under letter dated 17.05.2007 Annexure-"F" allotted the civic amenity site to the petitioner and directed the payment of the balance consideration of Rs. 85,94,010/-, which was complied with on 16.08.2007.

(3.) Petitioner asserts that W.P. No. 2852/2007 was filed as a public interest litigation whence a Division Bench of this Court having accepted the averments set out in the statement of objections of the BDA that the 'PSP' would be used only for park and playground, safeguarding the interest of the public, dismissed the petition by order dated 23.07.2007 Annexure-"H".