CHANDRA Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this case, the petitioner has called in question the validity of the order passed by the respondent at Annexure-D, dated 25-7-2008 whereby the allotment of a site bearing No. 671 of Arkavathi Layout in her favour has been cancelled.

(2.) The respondent issued a notification as per Annexure-A, dated 22-2-2004 informing the general public the allotment of sites of different dimensions at Arkavathi Layout, Bangalore. The petitioner made an application for allotment of a site measuring 6 mts. x 9 mts. under the category reserved for economically weaker sections of the society. She was allotted a site on 24-6-2006 as per the allotment letter at Annexure-C. The petitioner has deposited the entire sital value with the respondent. However, the respondent issued notices dated 5-5-2007 and 27-5-2007 calling upon the petitioner as to why the allotment of the site in question should not be cancelled as she was born subsequent to 10-12-1959. Thereafter, the respondent has passed the order at Annexure-D, dated 25-7-2008 cancelling the allotment of the said site. The respondent has filed statement of objections.

(3.) Learned Counsel for the petitioner would contend that the petitioner belongs to economically weaker section of the society. Pursuant to the notification at Annexure-A, petitioner has applied for allotment of a site measuring 6 mts. x 9 mts. The notification does not stipulate the condition that the applicants who were born prior to 10-12-1959 are alone eligible for allotment of a site. She was allotted a site after due verification of her application. It is further contended that in the application, the petitioner has disclosed her age as 38 years. She has not suppressed any material facts. She has deposited the entire sital value with great difficulty. It is further argued that the respondent has cancelled the allotment of the site without issuing a show-cause notice.