IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.27460/2019 (BDA) BETWEEN:
SRI KARIHANUMAIAH S/O ANJANAPPA, AGED ABOUT 70 YEARS R/AT TALAGHATTAPURA GRAMA, KENGERI HOBLI, BANGALORE SOUTH, BANGALORE-560 109 …PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.) AND:
BANGALORE DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGLAORE-560020 …RESPONDENT (BY SRI BIPIN HEGDE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMANDS OF SITE VALUE OF RS.57,52,000/- MADE VIDE ALLOTMENT LETTER DATED 15.06.2019 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri.Bipin Hegde accepts notice for the respondent.
2. Heard the learned counsel for the parties and perused the material on record.
3. Learned counsel appearing for the parties submit ad idem that the issue involved in the present writ petition is similar to the issue decided by this Court in W.P.No.43018/2016 and Connected Matters [D.D. 15.09.2017] which has been followed by this Court in W.P.Nos.40537/2018 and other similar matters.
4. The said submission of the learned counsel for the parties is placed on record.
5. In view of the order passed in the writ petitions referred to supra, allowing the writ petitions quashing the demands in so far as the value of the sites, directing the respondents to consider the case of the allottee in the light of the allotment letter made to similarly placed persons and to make appropriate demands on the allottee/s in respect of the site(s) allotted, the petitioner herein is entitled to the similar relief on the rule of parity. Such direction is necessary since the hostile discrimination between the petitioner and the other land losers who have been allotted sites under the voluntary incentive scheme is ex facie apparent.
Hence, the writ petition is allowed. The impugned demand at Annexure-A is quashed insofar as the value of the site. The respondent – Bangalore Development Authority is directed to consider the case of the petitioner in the light of the Annexure-C – allotment letter issued to similarly placed persons and to make appropriate demands on the petitioner in respect of the site allotted as per Annexure-A to the writ petition.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.