IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.53206/2016 (BDA) BETWEEN:
SRI GUNDAPPA R., S/O LATE RAMAIAH T., AGED ABOUT 76 YEARS, NO.5, UTTARAHALLI MAIN ROAD, KONANAKUNTE CROSS, BANGALORE-560 010. ... PETITIONER [BY SRI H.T.VASANTH KUMAR, ADV.] AND:
THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020 REP. BY ITS COMMISSIONER …RESPONDENT [BY SRI M.AJAY KUMAR, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 20.07.2015 VIDE ANNEXURE-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the cancellation order dated 17.12.2003 issued by the respondent – BDA, whereby the Site No.918, measuring 40’ x 60’ at Sir. M. Vishveshwaraiah Layout, 4th Block, Bangalore allotted to the petitioner has been cancelled, inter alia, seeking a direction to the respondent – BDA to consider the representation of the petitioner dated 20.07.2015 at Annexure – G to the writ petition.
2. The petitioner submits that he was working with Life Insurance Corporation of India and is now retired from service. The petitioner had filed an application for allotment of Site measuring 40’ x 60’ on 19.10.1984 and thereafter he had made nine attempts to get the Site from the respondent – BDA, but on the ninth attempt, the respondent – BDA had allotted the site measuring 40’ x 60’ at Sir. M. Vishveshwaraiah Layout, 4th Block, Bangalore and allotment letter was issued on 07.04.2003. It is submitted that the petitioner was transferred to Mysore during that period and the said allotment letter was not communicated to the petitioner. Thereafter, the respondent – BDA has issued a show-cause notice dated 01.08.2013 calling upon the petitioner to pay the balance amount of Rs.3,01,450/-, but the same is said to have not been served on the petitioner. Further, the request made by the petitioner for allotment of an alternative Site has not been responded to. Hence, this writ petition.
3. Learned counsel for the respondent - 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. On the request made by the petitioner to refund the initial deposit made to the respondent – BDA, cheque dated 18.01.2018 for the said initial amount of Rs.43,000/- was sent to the address available with the respondent – BDA and the same has been returned unserved.
4. It is discernible that the said attempt to refund the initial deposit has been made by the respondent – BDA only on 18.01.2018 during the pendency of the present writ petition. Thus, it is obvious that the cancellation order was passed unilaterally without hearing the petitioner and no refund of the initial amount was made immediately. In such circumstances, this Court in W.P.No.58482/2015 (D.D. 08.04.2019) has observed that the balance sital consideration is directed to be deposited with interest at 24% per annum by the allottee for allotment of an alternative Site, if the said allotted Site is re-allotted.
5. In the circumstances, this Court is of the considered opinion that the respondent – BDA shall consider the representation of the petitioner dated 20.07.2015 at Annexure - G for re-allotment of an alternative Site of same reasonable dimension in the same layout or in any other layout, regard be had to all the competent equities with applicable sital value prevailing as per the allotment price as on the date of the impugned order with interest at 24% per annum from the date of allotment till the date of deposit. Compliance of this order shall be made by the respondent – 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 PMR