Case Note & Summary
The petitioner, MICO Employees' House Building Co-operative Society Limited, a registered co-operative society under the Karnataka Co-operative Societies Act, 1959, had formed a layout of residential sites known as 'BTM Layout'. The society filed a writ petition on 30.10.2012 under Articles 226 and 227 of the Constitution of India, seeking to declare the allotment of C.A. Site No.10 situated in MICO II Stage Layout by the Bangalore Development Authority (BDA) in favour of the Public Library Department (2nd respondent) as illegal and ab initio void. The petitioner contended that the allotment was improper and contrary to law. The respondents, including the BDA, Public Library Department, Indian Water Works Association, and Bruhat Bangalore Mahanagara Palike, opposed the petition. The court, after hearing the parties, examined the facts and found that the site in question was a civic amenity site and the allotment to the Public Library Department was for a public purpose, namely, establishing a public library. The court held that the petitioner had no locus standi to challenge the allotment as the site was reserved for civic amenities and the allotment was lawful. The court dismissed the writ petition, upholding the validity of the allotment. The judgment was delivered by Justice A.N. Venugopala Gowda on 9th December 2013.
Headnote
A) Constitutional Law - Locus Standi - Writ Petition - Challenge to Allotment of Civic Amenity Site - The petitioner, a co-operative society, challenged the allotment of a civic amenity site to the Public Library Department. The court held that the petitioner had no locus standi as the site was reserved for civic amenities and the allotment was for a public purpose. (Paras 1-3) B) Bangalore Development Authority Act, 1976 - Allotment of Sites - Civic Amenity - Section 38-A - The allotment of C.A. Site No.10 to the Public Library Department was held to be valid and for a public purpose. The court found no illegality in the allotment and dismissed the petition. (Paras 2-3)
Issue of Consideration
Whether the allotment of C.A. Site No.10 in MICO II Stage Layout by the Bangalore Development Authority in favour of the Public Library Department is illegal and ab initio void.
Final Decision
Writ petition dismissed. The allotment of C.A. Site No.10 to the Public Library Department is upheld as valid.
Law Points
- Locus standi
- Public purpose
- Allotment of civic amenity site
- Validity of allotment
- Writ jurisdiction
