KRISHNA S.DIXIT
M. S. Ramaiah City Residents Welfare – Appellant
Versus
Bangalore Development Authority – Respondent
| Table of Content |
|---|
| 1. challenge to allotment based on reservation. (Para 1) |
| 2. respondents defend the allotment actions. (Para 2) |
| 3. grounds for denying petition and procedural concerns. (Para 3) |
ORDER :
(Krishna S. Dixit, J.)
Petitioner, a Society registered under the provisions of the Karnataka Society Registration Act,1960 comprises of members who happen to be owners of houses/sites in a residential layout. It seeks to lay a challenge to the allotment of the subject sites in favour of the 4th respondent-Trust. Learned counsel for the petitioner vehemently argues that: This civic amenity site having been reserved for educational purpose could not have been allotted for religious purpose; the 4th respondent not even being the applicant, no allotment could have been made in its favour. In support of his submission he banks upon a ruling of the Apex Court and of a Co-ordinate Bench of this Court.
2. After service of notice, the respondent-State has entered appearance through the AGA. The respondent-BDA is represented by its Sr. Panel Counsel who has filed the Statement of Objections on 21.06.2022 opposing the petition. The respondent BBMP speaks through its Panel Advocate. The allottee-Tru
Point of law :Allotment -Learned Single Judge has misdirected himself in considering the eligibility of the allottees to be allotted the civic amenity sites and the purpose of allotment in terms of t....
The main legal point established in the judgment is the requirement for fair and transparent allotment of public property, emphasizing the need for compliance with legal provisions, including the pub....
What is required under Rule 7 of Rules 1991 is a comparative analysis to be made of each of applicants so as to determine who is best suited to receive a lease of civil amenity site and for what purp....
The cancellation of the allotment of a public property is justified when there is non-compliance with the stipulated conditions, particularly when the purpose of the allotment relates to the educatio....
The Deputy Commissioner must consider objections and provide fair opportunity before deciding on civic amenity site allotment.
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