H. G. BALAKRISHNA, J.

( 1 ) THE petitioners have sought for a declaration that Rule 8 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 providing for levy of Registration fee is ultra vires and unconstitutional and for a declaration that the Bangalore Development Authority has no authority of law to collect application fee for allotment of sites. They have also sought for a direction to respondent-1 to refund to the concerned general public all the amounts received by it in the form of registration fee and application fee under the impugned rule.

( 2 ) UNDER Section 69 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act'), respondent-2 which is the State of Karnataka has framed rules called the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (hereinafter referred to as 'the Rule' ). Rules 8 and 9 of the Rules read as follows:- "8. REGISTRATION:- (1) Every applicant for a site shall register his name on payment of registration fees as specified in the table below. If an applicant withdraws the registration the Authority shall refund to such applicant the entire registration fee paid by him after deducting ten pe

Click Here to Read the rest of this document