Sri G. Govindaraju vs The Commissioner, Bangalore Development Authority, T Chowdaiah Road, Kumarapark West Bangalore-570020

Ashok B. Hinchigeri

The petitioner''s grievance is over the order, dated 12.10.2004 (Annexure-D) cancelling the allotment of the sice measuring 20 ft. x 30 ft. bearing No.255, Gnanabharathi I Block, (Valagerahalli), Bangalore.

Heard the learned advocates, Sriyuths H.C. Sundaresh for the petitioner and Sri K. Krishna for the respondent.

It is not in dispute that the petitioner belongs to the Scheduled Caste and the notice of allotment is dated 21.2.2000. As per the proviso to Rule 13(1) of Bangalore Development Authority (Allotment of Sites) Rules, 1984, the allotment consideration con be paid within a period of three years, if the allottee happens to belong to the Scheduled Caste. The said provision is extracted hereinbelow:

Conditions of allotment and sale of site.-

The allotment of a site under these rules shall be subject to the following conditions:

(1) The allottee shall, within a period of sixty days from the date of receipt of notice of allotment pay to the Authority, the balance sital value deducting the initial deposit If the balance sital value is not paid within a period of sixty days, the Authority may on application of the allottee, extend the time for payment for a further period not exceeding one hundred twenty days as a final chance and the allottee shall pay an additional interest at the rate of eighteen per cent on the balance sital value for the first thirty days of the extended period and at the rate of twenty one per cent for the next ninety days of the extended period. If the amount is not paid within such extended period also, the registration fee shall be liable to be forfeited and the allotment may be cancelled without prior intimation.

Provided that where an allottee is a person belonging to the Scheduled Castes, the Scheduled Tribes or the Backward Tribes or the family of a defence personnel killed or disabled during hostilities and whose annual income from all sources dues not exceed rupees eleven thousand and eight hundred only or belonging to an economically weaker section as notified by the Government from time to time, the balance of the value of the site required to be paid under this sub-rule shall be paid by him without interest, within a period of three years in equal annual Installments from the date of receipt of the notice of allotment.

The notice of allotment, dated 21.2.2000 (Annexure-A) gives the petitioner only 90 days for the payment. The impugned order is in the cyclostyled form. Its perusal is not indicative of the issuance of the show cause notice. It appears to have been issued in a rote and mechanical manner.

The afore-extracted Rule 13(1) and the proviso thereto makes it very clear that an allottee, belonging to Scheduled Caste, can pay the full sital value within three years from the date of the receipt of the notice of allotment. As the notice for the payment of the full sital value granting three years'' time to the petitioner was never issued, the act of the BDA in cancelling the allotment cannot but be declared as unsustainable. The BDA appears to have treated the petitioner as an allottee belonging to the general category.

For the aforesaid reasons, I quash the impugned order, dated 12.10.2004 (Annexure-D), restore the allotment of the site in question to the petitioner, provided he pays the entire allotment consideration (sital value) plus the interest thereon at the rate of 18% on the sital value for the first 30 days from the date of the receipt of the notice of allotment, dated 21.2.2000 and thereafter, at the rate of 21% till the date of full payment, it is made deer that the benefit of this order shall remain accrued to the petitioner only if he pays the full sital value and the interest at the rates specified hereinbefore within 60 days from today.

This petition is accordingly allowed. No order as to costs.