E KRISHNA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner had been allotted a site bearing No. 102 of Gangenahalli Lay Out, Bangalore measuring 60' X 48'. Thereafter in lieu of the original site he was allotted site bearing No. 34/B measuring 60X40+47/2 in Austin Town Lay Out. It is the case of the petitioner that adjacent to this site there exists site No. 34/A which measures 30'X47'. The said site is a corner site. The contention of the petitioner is, after providing for roads etc., as per the B.D.A., Rules, the corner site will come to half of his own site referred to above and if it is so cut to the size he will be entitled to the allotment as per R.5 of the City of Bangalore Improvement (Disposal of Corner Sites and Commercial Sites) Rules, 1972. The said rule reads thus :

(2.) An analysis of the above rule makes it clear that under the said rule the Chairman is given a discretion to allot a corner site which has not been notified under R.3 or reserved under R.4 and further the said site cannot on account of its size be treated as an independent site. In such an event it can be allotted to the owner of the adjacent site. As on today the site measures 30' X47', it is more than half of the petitioner's site, and is treated as independent site.

(3.) The case put forward by the petitioner is if a road is laid by the B.D.A. after construction of the road what would be left for corner site, would be half of his site. There is no evidence that the B.D.A., has planned to lay a road so as to cut the dimension of corner site No. 34/A. Moreover the allotment under R.5 is a discretionary power given to the Chairman to be exercised in the circumstances mentioned therein. The petitioner has not produced any evidence that such a circumstance existed, as on the date he filed the writ petition, and therefore he is not entitled for the allotment of the site.