(1.) Sri B.V. Shankar Narayan Rao, learned Counsel takes notice for respondent.
(2.) Copy of the application filed by the petitioner seeking allotment of site is produced by learned Counsel for the petitioner along with memo dated 1-3-2012. The same is taken on record. The same reveals that the petitioner has not suppressed anything. He has not only clarified that his date of birth as on the date of the application was 48 years, but also clarified that his annual income is Rs. 9,600/-. He has also mentioned his date of birth as 8-10-1945. Neither the notification calling for the application nor the application form supplied to the petitioner prescribe any age limit for the purpose of applying for site. However, application to be filed by the applicants reveals that the applicant shall abide by the terms and conditions specified in the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (hereinafter referred to as 'Rules' for the sake of brevity). Thus, it is clear that the allotment to be made by the respondent would be subject to the provisions of the Rules and the petitioner is also bound by such rules.
(3.) Sri Shankar Narayan Rao, learned Counsel appearing on behalf of BDA draws the attention of the Court to Rule 11(2)(iii) of Rules, 1984 to contend that if number of eligible applicants with equal number of attempts is more than the number of sites notified for allotment in respect of any particular category, the applicant elder in age shall be considered. According to him, number of elderly persons had applied and therefore such elderly persons who are having equal number of attempts would have to be allotted sites in preference to the petitioner.