BANGALORE DEVELOPMENT AUTHORITY NOW REP. BY ITS SECRETARY AND TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY Vs. NATIONAL TECHNOLOGICAL INSTITUTIONS HOUSING CO-OPERATIVE SOCIETY LIMITED REPRESENTED BY ITS SECRETARY, SRI R. PRAKASH AND OTH

JUDGEMENT

(1.) IN all these appeals, the legality and correctness of the order dated 24.7.2008 passed by the learned Single Judge of this Court in W.P. No. 10054/2008, allowing the said petition filed by National Technological Institutions Housing Co -operative Society Limited (hereinafter referred to as 'the Society' for short) and directing Bangalore Development Authority (for short 'BDA') to issue modified lay out plan, work order and to release 60% of total sites within 15 days from the date of the receipt of the order and also directing the BDA to remove the encroachment in respect of the civic amenities sites shown in the lay out plan.

(2.) THE appellants in W.A. No. 1332/2008; W.A. No. 1435/2008, W.A. No. 1812/2009 and W.A. No. 2349 to 2471/2009 to were not parties to the said Writ Petition. BDA which was arraigned as respondent No. 1 in the Writ Petition is the appellant in the Writ Appeal No. 1485/2008. The appellants in W.A. Nos. 1332/2008, 1435/2008, 1812/2009 and W.A. No. 2349 to 2471/2009, have filed the appeals along with applications seeking permission to file the appeals.

(3.) BDA opposed the petition by denying the allegations. It was contended on behalf of the BDA that the Society has undertaken to develop the area and are trying to release the sites in favour of the allottees without approval and since several unauthorised constructions were found on inspection made by BDA, a joint inspection was required to be conducted and civic amenities sites have to be earmarked and until such period it would be difficult for the BDA to permit the Society to go on with the work.