IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.58482/2015 (BDA) BETWEEN :
B.A.RAJAKUMARI ANAND W/O AHOK ANAND AGED ABOUT 52 YEARS R/O No.19, PAR RESIDENCY FLAT No.5, 34TH MAIN ROAD, 4TH CROSS ROAD, I PHASE, VYSYA BANK COLONY J.P.NAGAR, BENGALURU – 560078 ...PETITIONER (BY SRI B.V.SHANKARA NARAYANA RAO, ADV.) AND :
1. THE GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTORIED BUILDING Dr. AMBEDKAR VEEDHI BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU – 560020 …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI S.RAJARAM, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT THE SITE NO.2192 MEASURING 9x12 METERS FORMED IN BLOCK IV OF SIR M.VISHWESHWARAIAH LAYOUT, BENGALURU IMPOSING ANY REASONABLE CONDITIONS.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition has been taken up for final disposal at this stage with the consent of the learned counsel appearing for the parties.
2. The petitioner has challenged the order dated 30.9.2004 passed by the respondent No.2-Bangalore Development Authority inter alia seeking for a direction to the respondents to allot site No.2192 measuring 9 x 12 meters formed in Block IV of Sir. M. Vishweshwaraiah Layout, Bengaluru, imposing any reasonable conditions.
3. The petitioner is claiming to be the allottee of the site bearing No.2192 measuring 30 x 40 feet (6 x 12 meters) in Sir. M. Vishweshwaraiah Layout vide allotment letter dated 14.8.2003. The same came to be cancelled by order dated 30.9.2004 on the ground that the sital value has not been paid within the prescribed time. It is the grievance of the petitioner that no hearing was provided before passing the impugned cancellation of the allotment.
4. Learned counsel for the BDA submits that it is mandatory to deposit the sital value in terms of Rule 13(1) of Bangalore Development Authority (Allotment of sites) Rules, 1984. Under such circumstances, the order of cancellation of allotment is justifiable.
5. It is well settled legal principle that no unilateral decision can be taken by the statutory authority in canceling the allotment impugned sans providing an opportunity of hearing. It is also significant to note that even in certain cases the balance sital consideration is directed to be deposited with interest @ 24% p.a., if the said site is re-allotted to similarly placed persons.
6. In the circumstances, this Court is of the considered view that the respondent No.2-BDA shall re- allot the alternative site of same reasonable dimension in the same layout or in any other layout, regard be had to all the competent equities with the applicable sital value prevailing as per the allotment price as on the date of the impugned order with interest @ 24% p.a., from the date of allotment till the date of deposit. Compliance of this order shall be made by the respondent No.2-BDA within a period of three months from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: