K PANKAJA PRABHUDEV Vs. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the petitioner, at the first instance has sought a direction to the respondent to transfer title in respect of site No. 1774 in HBR Layout, 1st Stage. 5th Block, Bangalore-43, allotted in the name of her husband Sri. B.N. Prabhudev to her name. Subsequently, an application has been made seeking quashing of order dated 11.5.2011 (Annexure-L).

(2.) The petitioner has averred since that her deceased husband had made an application to the respondent authority seeking allotment of a residential site in Bangalore. After necessary registration, her husband was allotted the aforementioned site. in fact, applications were invited for allotment of sites. It is stated that the petitioner's husband was unsuccessful in eight attempts, but in the 9th attempt, the site in question was allotted by a communication dated 27.5.1988 (Annexure-A). He was directed to deposit the sital value and the same had been done. Subsequently, lease-cum-sale deed was executed on 28.6.1991 (Annexure-D) and the possession of the site in question was also given to the petitioner's husband. He died on 3.4.2007 leaving behind the petitioner and his daughter. Subsequently, the petitioner made an application for transfer of the said site in her name in the form of execution of an absolute sale deed and thereby made a representation and the same was not attended to. However, the petitioner was shocked to receive a notice dated 3.7.2010 stating that the petitioner's husband was already in ownership and possession of a site and therefore, he was not entitled to any allotment by the Bangalore Development Authority (hereinafter referred to as 'the BDA') and to show-cause as to why the allotment made by BDA should not be cancelled. A copy of the show-cause notice is produced as Annexure-J. The petitioner submitted her reply to the same on 24.7.2010. a copy of which is produced as Annexure-K. Since there was no action taken by the BDA on the representations made by the petitioner this writ petition is filed seeking a direction to the BDA to transfer the site in the name of the petitioner. During the pendency of this writ petition, the respondent-BDA has cancelled the allotment of site in question by issuance of a cancellation order dated 11.5.2011 which is produced as Annexure-L. the same is also assailed in this writ petition.

(3.) In response to the writ petition, learned counsel for the BDA has filed statement of objection admitting the fact that the site in question was allotted in the name of petitioner's husband. However, in application Form No. 2 at Sl. No. 18, the applicant has answered the question stated therein in the negative and thereby there has been a suppression of material facts in the application form since the petitioner's husband was already in possession of a site. The BDA could not have been allotted a site in his name. Therefore, the same has been cancelled rightly. It is also stated that the petitioner's husband has suppressed the fact that he was the owner of site No. 47 at Amarajyoti Layout, which he obtained by virtue of a Gift Deed dated 25.2.1997. Therefore, he was ineligible to apply for a site and that there has been an erroneous allotment of site. Therefore, invoking rule 13(10) of BDA Allotment of Sites Rules, 1984 cancelled the site in question and the sital value was forfeited and it was stated that the site would be resumed by the authority.