IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.57880 OF 2018 (BDA) AND W.P.NO.5603 OF 2019 Between Smt.Shakuntala M W/o Late Sri. S M Munivenkatappa, Aged about 61 years, # 643, 1st Main, 1st Stage, Indiranagar, Bengaluru – 560038. ... Petitioner (By Sri.Shivaprasad Shantanagoudar, Advocate) And Bangalore Development Authority Represented by its Commissioner, T.Chowdaiah Road, Kumar Park West, Bengaluru – 560 020. ... Respondent (By Sri.Bipin Hegde, Advocate) These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash the impugned demand of site value of Rs.47,08,600/- made vide allotment letter dated 13.12.2018 and quashing the impugned demand of site value of Rs.17,98,120/- made vide allotment letter dated 02.11.2018 vide annexure-A and A1 respectively issued by the respondent and etc., These Writ Petitions coming on for orders, this day, the Court made the following:-
O R D E R The learned counsel Sri.Bipin Hegde accepts notice for respondent and he is permitted to file vakalath in the Registry.
2. The learned counsel for the petitioner submits that the matrix of these petitions, is substantially similar to that in the judgment dated 04.12.2018 in W.P No.45209/2015 and W.P No.45210/2015 and other connected matters rendered by a Co- ordinate Bench of this Court. He further submits that similar judgments in umpteen number of cases have been rendered by various Co-ordinate Benches of this Court copies whereof are at Annexures E and E-1 to E-3 and therefore, the relief granted to the litigants in those cases needs to be granted to this petitioner on the principal of parity, there being no derogatory circumstances.
3. The learned Panel Counsel appearing for the respondent/BDA is not in a position to point out as to why the relief should be denied to the petitioner herein when the similarly circumstanced litigants in the aforesaid cognate writ petitions have already been granted relief.
4. In the above circumstances, these writ petitions succeed in part; a Writ of Certiorari issues quashing the impugned demand notices dated 13.12.2018 and 02.11.2018 issued by the respondent/BDA at Annexures A and A-1 to the writ petitions.
However, it is open to the respondent/BDA to reconsider the whole issue in terms of the policy statement dated 18.03.2015 at Annexure-D and also keeping in view the observations made by this Court in several writ petitions copies whereof at Annexures – E and E-1 to E.3.
Costs made easy.
Sd/- JUDGE NBM