Deepthi Patel, Smt. Neena Patel and Sri K. Ramanna vs Bangalore Development Authority, Rep. by its Commissioner

A.N. Venugopala Gowda, J.�Heard learned advocates on both sides and perused the writ petition record. Site No. 1 situated in Kengeri Industrial Layout was allotted on 13.01.1994. An application for allotment of an alternative site having been made, in the meeting held by the BDA on 08.07.1994 in Subject No. 193/94, it was resolved to allot Site No. 13 and an allotment letter was issued and the lease-cum-sale agreement dated 20.04.1995 having been executed and registered on 10.05.1995, the possession was delivered on 10.05.1995. The 3rd petitioner having submitted a representation to the BDA on 13.07.2010, to execute an absolute sale deed on the ground that the allottee Smt. B.N. Patel died on 15.03.2004, after issuing a show cause notice dated 21.08.2010, an order canceling the allotment was passed on 22.09.2010. A further representation having been submitted on 28.09.2010, stating that reply has been submitted on 07.09.2010, an endorsement dated 12.11.2010 was sent rejecting the petitioner''s request. These writ petitions have'' been filed to quash the industrial site cancellation order dated 22.09.2010 of the respondent, as at Annexure-A and for grant of consequential reliefs.

In the counter filed by the respondent, it has been stated that the respondent in its meeting held on 08.05.2009 in Subject No. 118/2009 resolved to issue show-cause notice and take necessary steps to cancel the allotment of those allottees who have not started the construction of industrial building within six months and completed the building within two years in their respective allotted sites and in the meeting held on 24.07.2010 in subject No. 256/2010 it was resolved to utilise the entire Kengeri Industrial Layout along with the other available acquired area of 27 acres of land for the purpose of construction of group housing scheme for the Economically Weaker Section.

Allottee of industrial site No. 14 in Kengeri Industrial Layout-M/s. Karton Fabrics had questioned cancellation of the allotment pursuant to the resolution dated 24.07.2010 in W.P. No. 33139/2011. The same was disposed on 21.09.2011, with a direction to the BDA, to give alternative industrial site to the allottee i.e., allotted site should be of comparable dimension in a comparable industrial layout. It was observed that, if an industrial site is not available, the BDA was directed to consider the request by appreciating the fact that the allottee suffers the cancellation for no fault on its behalf.

Another allottee of a site in the said layout, Mr. V.G. Shekar, had filed W.P. No. 4317/2011. Following the order passed in W.P. No. 33139/2011 on 2109.2011, writ petition of V.G. Shekar was allowed by directing the BDA to allot an alternative industrial site of comparable dimension in a comparable industrial layout. It was made clear that, if an industrial site is not available for allotment and if a representation is made seeking allotment of a residential site in lieu of the cancelled industrial site, the BDA was directed to consider the representation for such allotment i.e., in lieu of the cancelled site.

The petitioners herein are entitled to similar treatment at the hands of the respondent.

The petitions having been heard in part on 18.12.2013, at the request of Sri. K. Krishna, was adjourned to today. Sri K. Krishna filed a Memo, which reads as follows:

The respondent above named submit that the Site No. 265, Banashankari 6th Stage, 4th ''D'' Block, Bangalore, measuring 60 x 40 ft, has been identified for allotment as an alternative site to the petitioner, in the above case.

The respondent, in the; meeting held on 24.07.2010 in Subject No. 256/2010 has resolved to utilize the entire Kengeri Industrial Layout along with the other available acquired area of 27 acres of land for the purpose of construction of group housing scheme for the Economically Weaker Sections.

In the circumstances, these writ petitions are disposed of directing the respondent to allot in favour of the petitioners, Site No. 256, measuring 60 x 40 ft., situated at Banashankari 6th Stage, 4th ''D'' Block, Bangalore i.e., in lieu of the industrial site No. 13, situated at Kengeri Industrial Layout which was in favour of Smt. B.N. Patel. The respondent will not be entitled to collect any further sum towards allotment of the said alternative site. Time for compliance i.e., issuance of title deed etc., relating to the allotment of an alternative site is two months from the date the petitioners surrender all the original documents of the cancelled industrial site No. 13 to the BDA and a copy of this order becomes available to the BDA, whichever is later.

No costs.