COLONEL G K BURLI Vs. B D A

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioners have sought for quashing the allotment of site No. 37, J. P. Nagar Extension, Sarakki Layout, Bangalore, in favour of the 3rd respondent, as approved by the Government under its order dated 1-1-1983 bearing No. HUD. 470. MNX/82; and further confirmed by the Government on 5-7-1983 and further to declare that the said allotment is illegal and ineffective. The petitioners have also sought for issue of a direction to the 3rd respondent restraining it from putting up any construction on Site No. 37, J. P. Nagar Extension, Sarakki-Layout Bangalore; and further to direct the respondents to refrain from preventing the petitioners and others of that area from making use of the said site. They have also sought for a direction to respondents 1 and 2 to preserve the site in question as park and site No. 36 of the same area, as civic amenity site.

(2.) The petitioners are the residents of J P. Nagar Extension forming part of Sarakki Layout. The site in question is a civic amenity site bearing No. 37 comprised in the J.P. Nagar Extension of Sarakki Lay-out. It measures 440' x 565' which will hereinafter be referred to as the 'site in question'. Bangalore Development Authority-(1st respondent) will hereinafter be referred to as the 'B.D.A.'.

(3.) Having regard to the contentions urged by the petitioners and the respondents, the following points arise for consideration :