MARUTHI HOUSE BUILDING Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Writ Petition in W.P.No.13227/2013 seeks to lay a challenge to the BDA Communication dtd. 22/12/2012 (Annexure-U) and the BDA Resolution No.225/2012 dtd. 2/12/2012 pursuant to which the said Communication has been made. The net effect of the Resolution & the Communication is that the six sites namely Site Nos. 75 to 80 are to be removed from the Layout Plan dtd. 29/3/1973 as approved by the City Improvement Trust Board, a predecessor of the Respondent - BDA on the ground that the Petitioner- Society has not produced any evidentiary material prima facie to prove its title in respect of the land from which these sites are carved out. In the companion writ Petition, the challenge is laid to the very same BDA Resolution dtd. 2/12/2012 by the allotee of the site No.76.

(2.) The Respondents having entered appearance through their Panel Counsel and private Advocates resist the Petitions by filing the Statement of Objections essentially contending the grounds on which the impugned orders have been structured. The private Advocate appearing for Respondent Nos. 2 to 4 argues that his clients happen to be the owners of these six sites inasmuch as, they are situate in Sy.No.7 of Sanegurvanahalli Village and therefore the Petitioner - Housing Society or the Petitioner - allottee of site No.76 do not have any title over the same. Both the BDA Panel Counsel and the private Advocate make vehement submission in justification of the impugned orders drawing attention of the Court to the earlier rounds of litigation as well.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: