DATED

6.6.11

ISSUED

BY

RESPONDENT VIDE ANN-T.

THIS PETITION COMING ON FOR FINAL HEARING THIS

DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Petitioner – the allottee of the site in question,

whose lease tenure has expired is complaining to the

Writ Court against the BDA’s order dated 06.06.2011

whereby the allotment is rescinded on the ground that

its terms have not been adhered to.

2.

After service of notice, the Respondent - BDA

having entered appearance through the Panel Counsel

have field the Statement of Objections resisting the Writ

Petition. The 2^nd Respondent got impleaded in the light

of Division Bench decision in W.P.No.22263/2011 (BDA-

PIL)

disposed

off

on

05.03.2013

wherein

the

observations have been made to the effect that the

subject site being a civic amenity site, is to be retained

as a park.

3

3.

Much deliberation in the matter is not needed

inasmuch as, the Petitioner and the 2^nd Respondent

herein have made a statement to the Coordinate Bench

of this Court and it is recorded on 14.06.2022 as under:

“1.

Smt.Pramila

Nesargi,

learned

Senior

counsel for petitioner and Smt.Jayna Kothari,

learned Senior counsel for respondent No.2

submits that both of them have agreed fo