IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.54803/2017 (BDA) BETWEEN:
SRI. ALWIN RUDOLF D’SOUZA AGED ABOUT 59 YEARS S/O LATE D.R. D’SOUZA RESIDING AT NO.254 HILL SIDE LAYOUT, WHITEFIELD BANGALORE - 560 066.
(BY SRI. H C SUNDARESH., ADVOCATE) AND:
BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE – 560 020 REPRESENTED BY ITS COMMISSIONER.
... PETITIONER ... RESPONDENT (BY SRI. G. LAKSHMEESH RAO., ADVOCATE FOR SMT. M.V. ADITHI., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENT BDA TO ALLOT AN ALTERNATE SITE NO.2178, MEASURING 15x24 METERS IN ARKAVATHI LAYOUT II BLOCK, BANGALORE IDENTIFIED BY BDA OR ANY OTHER SITE OF SAME DIMENSION 15x24 METRES FOR SAME PRICE IN ARKAVATHI LAYOUT OR IN ANY OTHER LAYOUT/S FORMED BY THE RESPNDENT BDA IN FAVOUR OF THE PETITIONER BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED:16.04.2016 AND 14.09.2017 AS PER ANNEXURES-E AND G RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed in preliminary hearing ‘B’ group, by consent of learned Advocates appearing for parties, it is taken up for final disposal.
2. Petitioner is an ex-serviceman. After having served in the Indian Army and on his retirement, he thought to own a house as he was not possessing one and as such an application for allotment of a site came to be submitted by him to the respondent – BDA under Ex-servicemen quota on 14.10.2003. He also deposited initial deposit of Rs.94,500/- and in his second attempt, he was successful and site bearing No.1473 at Arkavathy layout, Block No.7 measuring 15 x 24 meters came to be allotted on 24.06.2006, pursuant to which petitioner remitted full value of site i.e., Rs.7,58,600/- as evident from receipt – Annexure-B. Though petitioner was eagerly waiting for lease-cum-sale deed being executed in his favour by BDA, but to his misfortune, endorsement dated 24.03.2014 came to be issued by respondent – BDA intimating him there is change in the place of site and steps would be taken to execute lease-cum-sale deed. However, respondent did not execute lease-cum- sale deed in respect of site allotted to petitioner. Hence, petitioner submitted a representation with a request to allot alternate site bearing No.2178 in the same layout , Block No.2 which was lying vacant. Respondent referred the matter to Legal Department for verification and after obtaining clearance from the Legal Department and Engineering section by obtaining CD report, yet, BDA did not allot said site to petitioner. Hence, petitioner started submitting memorials to respondent – BDA requesting allotment of either of the sites and to execute lease-cum- sale deed. However, till date, same has not been allotted or lease-cum-sale deed has not been executed. Several representations submitted by petitioner has not seen the result till date. In fact, on a representation dated 14.09.2017 - Annexure-G submitted by petitioner to allot site No.2178, clearance has been granted by the Legal Department and Engineering section and yet till date, said site has not been allotted or lease-cum-sale deed has been executed by the respondent-BDA.
3. Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed.
(ii) Writ of mandamus is issued to respondent – BDA to allot site No.2178 measuring 15 x 24 meters in Block No.2, Arkavathy layout (Sampigehalli village) in favour of petitioner and execute lease-cum-sale deed expeditiously, at any rate, within two months from today.
SD/- JUDGE *sp