SRI. NARAYAN K S/O P. PULLAYAPPA vs THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

This is an appeal against the judgment and order dated June 27, 2013 passed by the Hon''ble Single Judge in Writ Petition No.25296 of 2012.

The appeal is barred by limitation. As it is an old matter, we, on the prayer of the learned advocate for the appellant, take up the appeal for preliminary hearing.

A site measuring 20 feet x 30 feet was allotted to the petitioner by the Bengaluru Development Authority (hereinafter referred to as BDA, for brevity) on April 10, 2000. The sital value was not, admittedly, paid in time. Consequently, the order of allotment stood cancelled on September 30, 2004.

A circular was issued by the BDA on November 18, 2010, inter alia, granting liberty to the defaulters to pay the entire sital value with interest at the rate of 21% per centum within December 31, 2010.

The writ petitioner did not take advantage of such circular, but deposited the sital value only on April 29, 2011.

As the allotment was not revived, the writ petition was filed in the year 2012.

The learned advocate for the BDA submits that no site is available for allotment to the writ petitioner, even on compassionate ground.

The Hon''ble Single Judge, in our view, is right in not directing revival of the allotment of site in favour of the writ petitioner, as he did not pay the entire sital value within the time prescribed.

The BDA is, however, directed to refund the amount of Rs. 25,675/- (rupees twenty five thousand six hundred seventy five) only deposited by the petitioner, within six weeks.

The application for condonation of delay stands dismissed.

Consequently, the appeal is dismissed with the aforesaid direction of refund.

We make no order as to costs.