GOPAL PRASAD DUBEY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In both these writ petitions, a common issue with regard to validity of an order allotting the civic amenity site in favour of Karnataka State Kumbara Maha Sangha (hereinafter referred to as 'the Association' for short) is involved. Therefore, both these writ petitions were heard analogously and are being decided by this common order. For the facility of reference, facts from W.P. No. 13476/2013 are being referred to.

(2.) The Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) is constituted under the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short). It issued a public notice dtd. 30/10/2008 inviting bidders to purchase sites No. 28, 29 and 30 in Banashankari III Stage Layout. The petitioner submitted an application and participated in an auction and had offered the highest bid amount of Rs.53,09,024.00. After payment of the aforesaid amount, the petitioner was allotted site bearing No. 29 and possession was handed over to him. After obtaining possession of the site, the petitioner constructed a residential building on the site. The petitioner was informed by the Authority that adjoining site is reserved to be used as a open space.

(3.) However, it appears that Association had submitted a representation to the State Government. Thereupon the State Government accorded approval for allotment of site measuring 50 x 80 feet. The association submitted a representation to the Authority on 3/8/2010 that site bearing No. 3486 be allotted to it. Thereafter, another representation was submitted on 19/8/2010 seeking allotment of site measuring 60 x 100 feet in Banashankari III Stage.