BLOSSOM SCHOOL Vs. CHETAN B. C.

JUDGEMENT

(1.) The 1st Petitioner - School run by the 2nd Petitioner - Trust are knocking at the doors of Writ Court for assailing the BDA Notification dtd. 11/3/2015 (Annexure-M) and the Corrigendum dtd. 4/4/2015 (Annexure-N) whereby applications are invited from the public at large for the allotment of the subject site for the purpose of religious & community abode.

(2.) Learned counsel for the Petitioners falters the subject notifications contending that in the earlier round of litigation a Coordinate Bench has remanded the matter after quashing the allotment of the site to another body and therefore, the BDA is bound to process the earlier applications only; the subject site is being used as the playground for the children of the Petitioner school since decades and therefore, it cannot be allotted for any other purpose; the site in question being a civic amenity site cannot be granted for the construction of religious & community buildings, without effecting the diverting of purpose as prescribed under Sec. 14 & 14 A of the Karnataka Town and Country Planning Act, 1961.

(3.) After service of notice, the Respondent - BBMP having entered appearance through its Sr. Panel Counsel has filed its Statement of Objections on 4/8/2016 resisting the Writ Petition. Learned Panel Counsel contends with equal vehemence justifying the impugned notification and the corrigendum, essentially contending that: BDA being the owner can allot the site for the specific purpose and petitioner cannot object to that; the Court order in earlier Writ Petition does not interdict allotment of site for the purpose other than educational; it is open to the Petitioners to stake their claim for allotment under the subject notifications; the petition being devoid of merits is unworthy of adjudication. So contending he seeks dismissal of Writ Petition.