GANAPATHYRAJA ENTERPRISES Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is a proprietorship concern and its proprietor is one Ganapathiraja. He is an Ex-defence employee and belongs to Scheduled Caste. He is before this Court seeking writ of mandamus or any other appropriate writ or order or direction to the first respondent-Bangalore Development Authority hereinafter called as 'authority' in respect of Civic Amenity Site No. 30 situated at 4th Block, Koramangala. A further direction is sought against respondent to receive the lease value at old rate as mentioned in notification dated 19-12-1991 as per Annexure-B and to receive balance sital value and to execute the documents in his favour and put him in his physical possession on the site in question.

(2.) ). To consider the rival contentions of the petitioner and the first-respondent authority, the facts are stated hereunder :it is not in dispute that Site No. 30 situated in Koramangala 4th Block is a Civic Amenity Site. It is also not in dispute that, the said C. A. site is earmarked for Civil Amenity by the authority. In terms of proviso to sub-rule (2) of Rule 3 of the Bangalore Development Authority (Allotment of Civic Amenity Sites) Rules, 1989, the said site has been reserved for being allotted to an institution to be established exclusively for the benefit of Scheduled Caste. The authority offered the site in question for allotment by giving due publicity as contemplated under sub-rule (3) of Rule 3 of the Rules for leasing the same to the Institution specified therein by affixing the notice on the Notice Board and by publishing in two daily newspapers in English and Kannada having vide circulation in the City of Bangalore. In the notification at Annexure-B dated 19-12-1991 published by the first respondent-authority, at Sl. No. 9 the site in question measuring 32 x 29 mtrs in dimension is mentioned and the purpose for which it is reserved is for LPG Godown. The lease amount per annum is mentioned as Rs. 35,959/- and various conditions are enumerated therein. It was also notified that prescribed forms can be had from the Canara Bank by paying Rs. 25/- towards cost of application form and also the procedure required for submitting the application form is enumerated in detail. Condition No. 6 is relevant for considering the case of the petitioner. The decision of the Authority regarding allotment shall be final. The Authority reserved right to reject any or all the applications. Proviso to sub-rule (2) of Rule 3 stipulates that making reservation under sub-rule (1) is subject to Sec. 38a of the Bangalore Development Authority Act and general or special orders of the Government having regard to the particular type of civic amenity required to be provided. In this connection, the Government has issued notification on 29th August 1990 which is to the following effect :-

(3.) THE petitioner pursuant to notification Annexure-B submitted an application. It is also further made clear under Condition No. 3 the eligibility of person required to file an application. Condition 3 (a) and (b) read thus :