IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR CCC NO.1711 OF 2017(CIVIL) Between:
Sri.Dharmakanth.B, S/o late Byregowda, Aged about 32 years, R/a No.205, BCC Layout, Vijayanagar 2nd Stage, Bengaluru – 560 040.
…Complainant (By Sri.Shivashankara Y.D, Advocate) And:
1. Sri.Rakesh Singh, The Commissioner, Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru – 560 020.
2. Sri.N.Devanand, Executive Engineer, Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru – 560 020.
…Accused (By Sri.Narendra Gowda, Advocate) This CCC is filed under Sections 11 and 12 of the Contempt of Courts Act 1971, by the complainant, wherein he prays that the Hon’ble High Court be pleased to secure the accused herein and initiate contempt proceedings for non-compliance of the order passed in W.P.No.30496/2017(BDA) dated 07.08.2017 vide Annexure-A.
This CCC coming on for Hearing on I.A. this day, B.S.Patil J, made the following:-
ORDER 1. Violation of the order passed by this Court in W.P.No.30496/2017(BDA) dated 07.08.2017 is complained in this contempt petition. As per the said order, this Court issued a direction to the BDA to take steps to allot an alternate site in the place where the auctioned site was situated in favour of the writ petitioner–complainant as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the copy of the order. The said direction was issued in the background of the fact that corner site auctioned in favour of the complainant bearing site No.522/G situated at Nagarabhavi Layout II Stage, could not be handed over by the BDA to the complainant, as the same fell within the buffer zone and could not be utilized by the BDA in view of the direction issued by the National Green Tribunal.
2. The BDA has now filed an affidavit dated 8.12.2017 of Sri.Anil Kumar, Deputy Secretary-3, Bangalore Development Authority, Bangalore stating inter-alia that BDA is prepared to allot site No.37, Nagarabhavi, II Stage, Bangalore as an alternate site measuring 251.16 sq mtrs. It is further stated that the said measurement is larger in size compared to the site purchased in the auction by the complainant by additional extent of 71.16 sq mtrs and therefore, complainant is required to pay additional market value of Rs.78,14,506/- at the rate of Rs.1,09,816/- per sq mtrs. It is stated in the affidavit that if the additional amount is paid, the BDA would be willing to execute absolute sale deed in respect of the said property immediately.
3. Learned counsel for the complainant, in response, submits that BDA is not justified in collecting the present market value for the additional extent of land. According to him, BDA is entitled to only collect market value as was prevailing on the date auction was conducted even in respect of the additional land. He further submits that as BDA is not calculating any interest for the money paid for the value of the land which has already been deposited way back in the year 2015, there is no justification for BDA to collect the present market value for the additional land. He further submits, on instructions from his client that this question may be kept open to be decided in an appropriate proceedings reserving liberty to the complainant to initiate, if need arises.
4. We are of the view that so far as the present contempt proceedings is concerned, no further action need be taken except recording the affidavit filed by the respondents. The affidavit filed states that BDA will execute a sale deed in respect of site bearing No.37 no sooner the complainant deposits a sum of Rs.78,14,506/-. The complainant submits that he will deposit the amount within a week, if that is so, immediately thereafter BDA shall take action to allot the site, put the complainant in possession and execute registered sale deed in that regard.
5. Liberty is reserved to the complainant to agitate his grievance regarding the value collected for that additional land.
6. Accordingly, contempt proceeding is disposed of.
Sd/- JUDGE Sd/- JUDGE dn/-