THE SECRETARY, COMMITTEE OF MANAGEMENT, SREE SIDDALINGESWARA SWAMY SHRINE, YEDIYUR, KUNIGAL TALUK, TUMKUR DISTRICT Vs. THE BANGALORE DEVELOPMENT AUTHORITY AND ANR.

JUDGEMENT

(1.) Heard arguments of learned Counsels on both sides.

(2.) By this writ petition, the petitioner -Temple Institution seeks issuance of writ of certiorari and quash the allotment letter dated 3 -8 -1998 at Annexure -K of respondent 1 -Bangalore Development Authority ('BDA' for short), by which the petitioner was informed that an alternative site measuring 467 Sq. Mtrs. for Community Hall, described therein, was allotted to it for Rs. 4,55,325/ - instead of the original site measuring 1225 Sq. Mtrs. that was allotted to the petitioner for Rs. 3,67,500/ - under its original allotment order dated 9 -8 -1994 vide Annexure -B for the said purpose. It is further prayed in the petition that respondents be directed to put the petitioner in actual possession of the said original site allotted to it under Annexure -B, order dated 9 -8 -1994, since all the required legal formalities in this regard have been complied with.

(3.) It is not in dispute that as required by the relevant rules of the Bangalore Development Authority (Allotment of Civic Amenity Sites) Rules, 1989 ('Rules of 1989' in short), an application in the prescribed form for allotment of a civic amenity site in Nandini Layout formed by BDA, for the purpose of Community Hall was made by the petitioner to the BDA authorities. On that application, the site measuring 1225 Sq. Mtrs. was duly allotted by the BDA to the petitioner under its order at Annexure -B, dated 9 -8 -1994 fixing the price therefore at Rs. 3,67,500A. It is also an admitted fact that the price amount of the said site was also duly paid to the BDA and that the registered lease deed in the prescribed form was furnished by the BDA itself at Annexure -C, dated 22 -4 -1995. This deed has been executed in accordance with Sub -rule (4) of Rule 10 of the Rules. The Secretary of the BDA as a first party to this deed who has also signed the document with his signature and seal in execution thereof. After this stage in the process of allotment of a civic amenity site under the Rules of 1989 was over, then what was required on the part of BDA was to put the allottee in actual physical possession of the allotted site in compliance with Sub -rule (5) of Rule 10, which reads: