DOMLUR 2ND STAGE RESIDENTS ASSOCIATION (REGD.) REPRESENTED BY ITS SECRETARY Vs. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE INTERNATIONAL CENTRE REPRESENTED BY ITS DIRECTOR AND THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE AND

JUDGEMENT

(1.) THE petitioner herein, a registered Association of residents of Domlur 2nd Stage, has come up in this writ petition impugning allotment of Civic Amenity (C.A.) site No. 7 situated at 4th Main, 3rd Cross, Domlur 2nd Stage, 2nd Phase, Bangalore, in favour of respondent No. 2 herein. The petition is filed on the premise that the site in question is a park cum play ground as declared under the Comprehensive Development Plan issued by respondent No. 1 -Bangalore Development Authority It is contended that the aforesaid C.A. site No. 7 is the only lung space available for residents of Domlur and as such allotting the same in favour of respondent No. 2 is against the interest of residents of Domlur. In the proceedings, after service of notice, respondent Nos. 1 and 2 entered appearance and filed their statement of objections. According to respondent No. 1, the property in question is not a park, but is a C.A. site, which at no point of time, was earmarked for the purpose of formation of park. It is specifically contended that as per the Revised Comprehensive Development Plan of 1995, the area wherein C.A. site No. 7 is situated, is classified as Rs. Unclassified Zone' and as per the Revised Master Plan 2015, it has been classified as Rs. Residential Zone'. Therefore, it is substantiated that the allotment of C.A. site No. 7 made by respondent No. 1 in favour of respondent No. 2 is in order and the same is justifiable, and that there is no illegality in allotting the land in question as C.A. site in favour of respondent No. 2.

(2.) SO far as respondent No. 2 is concerned, along with the statement of objections, copy of the Revised Master Plan 2015 has been produced to demonstrate that the site allotted to it is not a park, but is situated in the residential zone. In addition to that, Google map is also produced to demonstrate that within a radius of 140 to 407 Meters from the location of the aforesaid C.A. site, four parks are available for the benefit of residents of Domlur. Therefore, the averment made in the so called public interest litigation to the effect that the property in question is the only lung space available for residents of Domlur was demonstrated to be false statement to the Court.