COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY Vs. NIRMALA BAI N.

JUDGEMENT

(1.) These intra court appeals are filed by the Bangalore Development Authority (for short, hereinafter referred to 'BDA') against the orders passed by the learned Single Judge of this Court allowing the writ petitions in terms of the decisions of this Court in the cases of Jayakumar Shetty, Kempamma, Mohan Kumar and Manjunath R., in similar circumstances and in identical writ petitions i.e., writ petition Nos.13568/2015, 19093/2012, 38258/2013 and 5150/2019, quashing the Cancellation Orders and Endorsements issued by the BDA on respective dates and granting four weeks' time to the respective petitioners to pay the entire sital value together with interest at 21% per annum to the BDA and on making such payment, the BDA was directed to take necessary steps to allot the subject site or an alternative site in favour of the petitioners within a period of three months from the date of such payment.

(2.) It is the case of the original petitioner - Smt. Nirmala Bai N., that her husband late V. Sathyanarayana Rao belonging to General Catergory, had applied to the BDA for allotment of the site measuring 30 x 40 sq. ft., and the BDA allotted a site bearing No.883 in Gnanabharathi Layout Block, Block-2 (Nagadevanahalli), Bangalore vide allotment letter dtd. 26/12/2000. As per the allotment letter, the total cost of the site was Rs.1,77,250.00 and after deducting the initial payment of Rs.22,200.00, remaining balance amount of Rs.1,55,350.00 was required to be deposited within the time stipulated, but due to financial difficulty, her husband could not deposit the said amount within time. Thereby, her husband submitted a representation to the BDA requesting to grant some more time to deposit the balance sital value. However, the BDA without issuing any notice and without giving an opportunity to pay either by her or her husband, issued a Cancellation Order dtd. 30/9/2004 for non-payment of amount within the time stipulated which was contrary to the BDA Allotment Rules. Thereafter, the petitioner-her husband approached the BDA with a request to cancel the cancellation order as the aforesaid balance amount was deposited by him and to execute the Sale Deed in respect of the site allotted, in view of the Circulars issued by the BDA in the year 2007 and 2010, to accept the balance sital value with 21% interest from the allottees of the small sites measuring 20 x 30 feet and 30 x 40 feet, who have not deposited the sital value within time stipulated as per Annexures-D and E to the writ petition and to execute the Sale Deed. Thereafter, the matter was placed before the Commissioner of BDA for taking necessary decision and the Law Officer of the BDA had opined to accept the sital value with 21% interest in respect of the site allotted. Inspite of the repeated representations made, the BDA has not considered the same. In view of the fact that with regard to similarly placed persons, who had approached the Court by filing writ petitions, this Court had granted relief as sought for, the petitioner also filed writ petition seeking quashing of the Cancellation Order dtd. 30/9/2004 and direction to the respondents-BDA to consider his representation dtd. 16/3/2016 and 20/1/2020 and accept the balance sital value with 21% interest per annum from the date of allotment in terms of the Circulars issued by the BDA and the order passed by this Court.

(3.) The learned Single Judge, after hearing both the parties, by the order dtd. 8/12/2020 allowed the writ petition and quashed the Cancellation Order and the endorsement in view of the earlier orders passed by this Court; granted four weeks' time to the petitioner to pay the balance sital value together with 21% interest per annum to the BDA and on such payment, the BDA was directed to take necessary steps to allot the subject site or an alternative site in favour of the petitioner within a period of three months from the date of such payment. Hence, the present writ appeal is filed by the BDA. Writ Appeal No.518/2016 arising out of the order dtd. 25/11/2015 passed by the learned Single Judge in Writ Petition No.8371/2015