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2012 Supreme(Kar) 240

A.N.VENUGOPALA GOWDA
Vokkaligara Sangha – Appellant
Versus
Bangalore Development Authority – Respondent


Advocates appeared:
For the Petitioner:S.G. Bhagavan, Advocate.
For the Respondents:R1, Ashwin S. Halady, Jayakumar S. Patil, R2, Mahesh R. Uppin, Advocates.

Judgment :-

1. The petitioner, a society registered under the Karnataka Societies Registration Act, 1960 and an ‘Institution’ as defined in Rule 2(d) of BDA (Allotment of Civil Amenity Sites) Rules, 1989 (for short, the Rules), has filed this writ petition questioning the decision of Bangalore Development Authority (for short ‘BDA’) in allotting Civic Amenity Site No.1, Nagarabhavi Layout, II Stage, II Block, Bangalore, in favour of the 2nd respondent – Mitra Wrunda Youth Association ®, Bangalore – 84.

2. The material facts and circumstances which have given rise to this writ petition are that:

(i) BDA issued a Notification dated 31.01.2009 vide Annexire-A, offering 100 Civic Amenity Sites for allotment on lease basis and invited applications, stipulating the last date as 28.02.2009, for submission of the applications. Site No.1, Nagarabhavi Layout, II Stage, II Block, Bangalore, (for short, ‘site in question’) was one of the Civic Amenity Sites offered for allotment. The purpose mentioned therein is community hall. Eligibility criterion stated was that, allotment would be to an ‘Institution’ which is registered under Rule 5. On 28.02.2009, petitioner submitted an application bearin

































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