VOKKALIGARA SANGHA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner, a registered Society is knocking at the doors of Writ Court for assailing the BDA Resolution dtd. 14/8/2012 at Annexure-E whereby the subject civic amenity site was allotted in favour of the 2nd Respondent - National Federation of the Blind in terms of the Rule 7 of Bengaluru Development Authority (Allotment of Sites) Rules, 1984. Learned counsel for the Petitioner argues that in making this allotment, his client has been discriminated and therefore, impugned order is liable to be set at naught. He also submits that once the allotment of the site is made in favour of others, initial amount of deposit given by his client ought to have been returned to his client.

(2.) After service of notice, the 1st Respondent - BDA having entered appearance through its Sr. Panel Counsel, opposes the Petition by filing the Statement of Objections and Addl. Statement of Objections. Learned Panel Counsel argues that the subject site has been now allotted in favour of Akhila Karnataka Samagara Samaja Seva Sangha, which comprises of Scheduled Caste members and therefore, the first grievance of the Petitioner withers away. So far as the second prayer, he contends that once other such sites are notified for public allotment, it is open to the Petitioner-Society too to stake its claim. Having so contended, he seeks dismissal of the Writ Petition.

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