TELECOM EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD Vs. SCHEDULED CASTES SCHEDULED TRIBES MINORITY COMMUNITIES AND BACKWARD

JUDGEMENT

(1.) W.A.No. 1229/90. The facts leading to this appeal are as follows:

(2.) W.A.No. 1696/88. This appeal is preferred against the decision of Rama Jois, J. dated 13th October 1988 in W.P.No. 12119/38, (BDCC Bank Employees Co-op. Society v. The BDA) holding that Section 38 of the Act will not empower the BDA to make bulk allotment. It is this decision which has been relied upon by Balakrishna, J. as aforementioned in W.A.1229/90.

(3.) W.P.No. 17234/88. This Writ Petition is filed by two individuals as a public interest litigation. They have registered their names in the BDA in the year 1984. They had made attempts thrice by applying for allotment of sites in the prescribed form when the BDA formed layouts and offered sites for distribution but their applications have not been favourably considered. They have come to understand that the third-respondent-Society (NAL Employees Go-operative Housing Society Ltd.) got a bulk allotment in the first instance of 8 acres of land at Laggare Village, Yeshwanthapur Hobli. The same Society once again requested the BDA and the Government to allot some other alternative land on the ground that certain unauthorised constructions had come up on the land allotted at Laggare village and hence it was not possible to form a layout. On 9-7-1987 the BDA passed a Resolution No. 562 to ratify the action taken by the Commissioner in making bulk allotment of 8 acres of land in Sy.Nos. 50, 51 and 52 of Tavarekere village. Pursuant to that Resolution, the BDA by its letter dated 4-8-1987 addressed to the Secretary of the said Society, informed that the private layout in the said survey numbers had been approved. It is against this letter, this Writ Petition is preferred questioning the right of the BDA to make bulk allotment. Though these are the only facts as stated by the petitioners, from the chronology of events furnished by the said Society the facts are as under:- The Society entered into an agreement with the owners of Sy.Nos. 182 and 27 (8 acres) in Laggere village to purchase the land. In 1975 the Society obtained No Objection Certificate from the Planning Authority to purchase and register the land. In June 1975, the Karnataka Vacant Lands in Urban Areas (Prohibition of Alienation) Ordiance was issued, as a result of which the Society could not purchase and register the land. Therefore in 1976 the Society approached the Government for grant of permission to purchase and register the land. In 1977 the Government approved the Society's request and issued orders to the Special Deputy Commissioner, Bangalore, to acquire this land, convert it for residential purposes and allot it to the Society. In 1978 the Society deposited Rs. 1,82,560/- with the Government as per the instructions from the Deputy Commissioner towards the cost of the land, conversion fine, statutory allowance and establishment charges. Further the Society also executed an agreement with the Government as per the Rules. In May 1978 the BDA came Into existence and the Government issued instructions to the Deputy Commissioner to drop the acquisition proceedings, and simultaneously to the BDA to acquire the land, convert and develop it Into sites and allot the same to the Society, In 1979 the land was acquired by the BDA. In September 1980 awards were passed and actual possession was taken by BDA in October 1980. The Chairman of the BDA wrote to the Deputy Commissioner to transfer the amount of Rs. 1,82,560/- to the accounts of the BDA. The BDA, in its Meeting held on 3-7-1987, by Resolution No,562, ratified the allotment of 8 acres in Sy.Nos. 50, 51 and 52 of BTM, approved the layout plan of the Society as modified by them and permitted the Society to take up the civil portion of the work under the supervision of the BDA. On 4-8-1987 the Society received a letter from the BDA Commissioner conveying the said Resolution of the BDA dated 3-7-1987 to the Society. The letter also Indicated that the Society will have to pay the necessary supervision charges, development charges and the cost towards water supply under Cauvery III Stage Scheme. The Minutes of the Meeting of the BDA dated 3-7-1987 were confirmed in the Meeting of the BDA held on 7-8-1987 vide Subject No. 630. On 17-3-1988 the Society received a letter from the BDA informing the Society to pay a sum of Rs. 29,24,230/- towards layout charges excluding the charges for the civil portion of the work which was to be executed by the Society under the supervision of the BDA. Suo motu the cost of civil works inclusive of escalation charges was fixed at Rs. 8,67,324/-. The Society paid supervision charges of Rs. 65,050/-. On 2-6-1988 the Society registered the layout agreement with the BDA. The work order to execute the civil portion of the work as per the norms laid down by the BDA was issued to the Society on 13-6-1988. Thereafter the Society started the formation of the layout and is stated to have spent Rs. 6,50,000/-. It was at this stage this Writ Petition came to be filed.