B. S. Lakshmi vs. The Commissioner Bengaluru Development Authority
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Hemant Gupta, Hon'ble Abhay S. Oka
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
List After (Weeks) [6]
Listed On:
13 May 2022
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.33 COURT NO.10 SECTION IV-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12301/2021
(Arising out of impugned final judgment and order dated 16-04-2019 in WA No. 6646/2017 passed by the High Court of Karnataka at Bengaluru)
B.S. LAKSHMI Petitioner(s)
VERSUS
THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY & ANR. Respondent(s)
Date : 13-05-2022 This petition was called on for hearing today.
- CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE ABHAY S. OKA
- For Petitioner(s) Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv. Mr. B.C. Santosh Kumar, Adv. Mrs. Pareena Swarup, Adv. Mr. Amit Singh, Adv. Mr. K.P. Singh, Adv. Mr. Kanishk Chaudhary, Adv.
- For Respondent(s) Mr. S.K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, AOR Ms. Uditha Chakravarthy, Adv.
UPON hearing the counsel the Court made the following O R D E R
As per Mr. Gireesh Kumar, learned counsel for the respondents, the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (for short, 'the Rules'), as amended on 06.02.1998, w.e.f. 14.02.1998, would be applicable to the petitioner who was allotted a site meant for Economically Weaker Section in the year 2004. Digitally signed by SWETA BALODI Date: 2022.05.13 16:54:49 IST Reason: Signature Not Verified
A perusal of the Rule 2(d) of the said Rules shows that
the 'person considered to be belonging to Economically Weaker Section as notified by Government from time to time'.
However, it is pointed out that the Government has not notified the Economically Weaker Section after the amendment to the Rules in the year 1998.
Mr. Gireesh Kumar, learned counsel seeks some time to file an affidavit as to whether Economically Weaker Section has been notified by the Government or how the income of family as defined in Rule 2(e) can be considered for determining Economically Weaker Section status of an applicant.
List the matter after six weeks.
(SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)