N.C. Mani vs Bangalore Development Authority

A.N. Venugopala Gowda, J.—Site No. 94 in Block III of (Nagadevanahally/Valagerehally) Gnana Bharathi Layout, Bangalore was allotted by the BDA to the petitioner on 31.05.2000. Petitioner was notified to deposit the balance sital value of Rs. 3,11,000/- within 90 days period. It was made clear that, if the balance amount is not paid within a period of 90 days, petitioner cannot seek extension. Petitioner having paid Rs. 1,30,000/- only on 31.08.2000, after issuing a show cause notice dated 13.09.2002 and there being no reply submitted, the allotment was cancelled on 30.09.2004 vide Annexure-M. To quash the said communication and to direct the respondent to consider the representations submitted in the matter of allotment of said site, this writ petition has been filed. Respondent has filed statement of objections and has sought dismissal of the writ petition.

Sri H.T. Vasanth Kumar, learned advocate contended that the petitioner having given representations dated 05.10.2004, 15.07.2009, 02.11.2009 and 26.07.2012 stating that he is prepared to pay the balance amount of the site along with interest, the respondent is unjustified in not considering the same, by keeping in view the circular dated 18.11.2010, as at Annexure-J. He submitted that there being arbitrariness on the part of the respondent, interference in the matter is warranted.

Smt. A.D. Vijaya, learned advocate for the respondent, on the other hand contended that the total value of the site was Rs. 3,11,000/- and the petitioner paid Rs. 1,30,000/- only and the balance value of the site i.e., Rs. 1,81,000/- was not paid, even after issuance of show cause notice dated 13.09.2002 and the maximum period of 300 days having expired on 05.11.2001, the allotment was cancelled on 30.09.2004. She submitted that the circular, as at Annexure-J is not applicable to the petitioner, who was allotted site No. 94, measuring 40 x 60 feet at Gnana Bharathi Layout, under general merit. She submitted that the said circular applies to the sites measuring 20 x 30 feet and 30 x 40 feet, which were allotted to the economically weaker section of the society and not to the allottees of the higher dimension sites under general merit. Learned counsel pointed out that the site allotted to the petitioner being 40 x 60 feet dimension, his case does not fall within the scope of the circular, as at Annexure-J and he does not belong to the economically weaker section of the society. Learned counsel submitted that there being inordinate delay and unexplained laches and the writ petition also being devoid of merit may be dismissed.

Allotment letter, as at Annexure-A is self explanatory. Annexure-B shows that petitioner wanted alternative allotment i.e., a site being allotted to him in the area wherein he is residing as he wanted to go for immediate house construction, which shows that the petitioner had the capacity to pay the balance of the site cost. Since the petitioner did not deposit the balance sital value within the period shown in the allotment letter, a show cause notice dated 13.09.2002 was served on him and there being no reply, allotment was cancelled on 30.09.2004. Petitioner has not shown any bona fides even though he has submitted the representation dated 05.10.2004. He has not deposited the balance amount along with the said intimation. A perusal of circular dated 18.11.2010, as at Annexure-J makes it clear that the same is applicable only to the allottees of the sites of the dimension of 20 x 30 feet and 30 x 40 feet. Having regard to the facts and circumstances and conduct of the petitioner in not depositing the balance sital value, at least immediately after receipt of the show cause notice vide Annexure-C, no exception can be taken for cancellation of the allotment of the site by the respondent. Petitioner having not shown any kind of bona fides in the matter, there is no merit in the petition and hence, the same is dismissed.

However, the respondent is directed to refund to the petitioner, the site cost deposited by him, within a period of six weeks from the date a copy of this order becomes available to it.

No costs.