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2013 Supreme(SC) 1093

S.S.NIJJAR, A.K.Sikri
Purushottam – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

Surinder Singh Nijjar, J.

1. Leave granted.

2. These four appeals arising out of SLP (C) No.31690 of 2011, SLP (C) No.31695 of 2011, SLP (C) No.33184 of 2011 and SLP (C) No.33319 of 2011, impugn the judgment of a Division Bench of Karnataka High Court rendered in Writ Petition No. 5428 of 2006 (BDA-PIL), and Writ Petition No. 5173 of 2006 (GM-RES/PIL), whereby the High Courthas declared the allotment of civic amenity site no. 2 to Bharat Petroleum Corporation (respondent No. 3) for establishment of apetrol pump, null and void. The writ petitions have been allowed. The allotment dated 4th August, 2005 made in favourof respondent No. 3 has been set aside.

3. The facts as narrated in C.A. No. 10747 of 2013 arising out of SLP (C) No. 31690 of 2011 are as under:-

• On 29th August, 1990 a Notification was issued by the State of Karnataka Government under Section 2bb(vi) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as “BDA Act, 1976”) to the effect that the amenities such as liquefied petroleum gas godowns, retail domestic fuel depots, petrol retail outlets are the “civic amenities” for the purposes of the aforesaid Act.

• Thereafter, the State Gover









































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