S G HEBLE Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) WHETHER the Bangalore development authority, herein after called 'the b. d. a. ' for short, is barred from making the allotment of a c. a. site specified for a specific purpose, for such purpose, if such c. a. site is being used by the general public for any purpose other than the one for which it is specified and, whether the b. d. a. is barred from making the allotment of open spaces reserved under the erstwhile c. i. t. b. act and specified for a specific purpose, for such purpose, in view of Section 16 of the Bangalore development authority Act, 1976, hereinafter called the "b. d. a. act"? Are the questions in controversy in these petitions.

(2.) IN all these petitions except in the last petition the petitioners have called in question the allotment of c. a. site nos. 42, 39 (a) and 39 (c) situated in iii block, koramangala layout, Bangalore; whereas, the last petition is for a larger relief of a direction to the b. d. a. , not to make allotment of any c. a. site until the requirement of reservation of vacant land for parks and playgrounds as prescribed by Section 16 of the b. d. a. act is satisfied.

(3.) W. P. nos. 15770 and 15771 of 1992 are by some of the residents of iii block, koramangala, to protect their common interest with that of other residents of koramangala, in respect of c. a. site No. 39, situated in koramangala. These petitions are filed for: