LAWS(KAR)-2019-1-437

NANJAMMA Vs. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

Decided On January 10, 2019
NANJAMMA Appellant
V/S
COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner who happens to be the widow of one Mr. late Madaiah, is calling in question the endorsements dated 16.10.1998 and 03.05.2017 issued by the respondent- BDA at Annexures-P and V respectively which come in the way of consideration of petitioner's claim for grant of the site in her favour on the ground that the applicant husband is dead.

(2.) The latest endorsement dated 03.05.2017 which is self explanatory, issued by the respondent - BDA at Annexure-V reads as under:

(3.) The respondent having entered appearance through its counsel opposes the writ petition on the ground stated in the aforesaid impugned endorsement itself. In short, it is submitted that the applicant - husband having died before he was allotted a site, the claim of the petitioner for the grant of site on the basis of the said application is impermissible inasmuch as Rule 8-A of the 1984 Rules being prospective is not invocable.