IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.17076-17077/2017 (BDA) BETWEEN :
SRI R RAVI KUMAR S/O LATE G.RAMASWAMY, AGED ABOUT 58 YEARS, NO.37/2, S.B.ROAD, V.V.PURAM, BANGALORE-560 004.
... PETITIONER (By Sri. SHANKARANARAYANA RAO B V, ADV. ) AND:
1.THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER.
2.THE DEPUTY SECRETARY-3 BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020.
... RESPONDENTS (By Sri. GOUTHAMDEV C ULLAL, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DTD 04.04.2008 VIDE ANNX-G AND ENDORSEMENT DTD 29.12.2016 VIDE ANNX-K ISSUED BY THE R-2 AND DECLARE THAT THE ALLOTMENT OF A RESIDENTIAL SITE BEARING NO.718, SITUATED AT GNANA BHARATI 2ND BLOCK (NAGADEVANA HALLI), BANGALORE, WHICH MEASURES 30 X 40 FEET MADE BY THE BANGALORE DEVELOPMENT AUTHORITY IN FAVOUR OF THE PETITIOENR HEREIN VIDE OF ALLOTMENT LETTER DTD 13.12.2001 IS SUBSISTING AND IN OPERATION.
THESE PETITIONS 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 endorsements dated 04.04.2008 and 29.12.2016 issued by the respondent No.2 inter alia seeking for a declaration that the allotment of a residential site bearing No.718 situated at Gnana Bharati 2nd Block (Nagadevana halli), Bangalore, measuring 30 x 40 feet made by the Bangalore Development Authority in favour of the petitioner vide allotment letter dated 13.12.2001 is subsisting and in operation and for other consequential reliefs.
2. The petitioner is claiming to be the allottee of site bearing No.718 at Gnana Bharati 2nd Block (Nagadevana halli), Bangalore, measuring 30 x 40 feet.
The request made by the petitioner for the allotment letter in respect of the site in question has been rejected in terms of the endorsement impugned dated 04.04.2008 on the ground that no request of the petitioner can be entertained after the lapse of 6½ years. The sital value relating to the site in question has not been paid within the prescribed time by the petitioner for the reason that no allotment letter was received by him.
3. Learned counsel for the BDA would submit that unless the sital value is deposited in terms of Rule 13(1) of the Bangalore Development Authority (Allotment of sites) Rules, 1984, no right has accrued to the petitioner to claim for the allotment of site in question or any other alternative site by collecting the sital value at this length of time. It is submitted that the site in question is already allotted to some other eligible person.
4. As could be seen from the material available on record, no cancellation order of allotment has been passed by the respondent-BDA. The request made by the petitioner for acceptance of the sital value in pursuant to the allotment letter has been rejected. The report of the Special Task Force placed on record at Annexure-F indicates that no service of allotment letter was made on the petitioner.
5. Having regard to the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be served in directing the petitioner to deposit the balance sital value with interest @ 24% p.a. from the date of allotment letter dated 13.12.2001 till the date of deposit. If such amount is deposited, the respondent-BDA shall allot an alternative site of same reasonable dimension in the same lay out or in any other lay out subject to availability of site. The petitioner shall deposit the applicable sital value prevailing as per the allotment price as on the date of issue of endorsement dated 5.6.2007, with interest @ 24% p.a. from the date of original allotment letter till the date of deposit, within a period of two weeks from the date of receipt of certified copy of the order. Compliance of this order shall be made by the 2nd respondent-BDA within a period of three months thereafter.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: