K RAJU Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in all these writ petitions, they are clubbed together, heard and disposed of by this common order.

(2.) IN W.P. No. 11102/2008, the petitioner contends that he is the absolute owner of the site bearing No. 11-A, 5th Sector, HSR Layout, Bangalore, measuring 50 ft. x 80 ft. formed by the Bangalore Development Authority ('BDA' for short). Originally, the site was allotted by the BDA in favour of S. Kumar Bangarappa on 20.6.2007. BDA executed a sale deed in respect of the said site in his favour, a copy of which is produced at Annexure 'B'. Possession of the site was delivered to him on the same day as per the possession certificate at Annexure 'C. He sold the site in favour of Madhu Dhondiba Babar through a sale deed at Annexure 'E' dated 23.6.2007. Madhu Dhondiba Babar sold the said site as per the sale deed at Annexure 'G' dated 7.11.2007 in favour of the petitioner. Subsequently, katha of the property was transferred in his favour by the Bruhat Bangalore Mahanagara Palike.

(3.) IN W.P. No. 16147/2009, the petitioners contend that the second petitioner's mother late Smt. Anusuyamma was an applicant for allotment of a site from the BDA. On 9.3.1989, BDA allotted a site bearing No.563,4th Block, Hennur-Bellary Road Layout, measuring 40 ft. x 60 ft. and possession of the said site was delivered to Smt. Anusuyamma and possession certificate was issued on 7.7.1989. The lease period had expired on 8.3.1999. Smt. Anusuyamma died on 28.3.2005. Anusuyamma had executed a Will bequeathing the said site in favour of the second petitioner. However, the respondents have allotted an alternative site No.3CC-907,I Block, HRBR Layout, to the second petitioner instead of the aforesaid site as per the allotment letter dated 5.3.2007. IN pursuance of the same, the respondent executed a registered sale deed in favour of the second petitioner as per the sale deed dated 19.4.2007 and possession certificate was issued on 21.4.2007. The second petitioner sold the said site in favour of the first petitioner for a valuable consideration as per the sale deed dated 4.8.2007 (Annexure 'K'). Thus, the first petitioner is the owner in possession and enjoyment of the said site. The BDA has issued a show-cause notice to the second petitioner dated 16.5.2009 calling upon him to show cause as to why the allotment of the site made in his favour on 5.3.2007 should not be cancelled, which was duly replied by the second petitioner. Thereafter, the BDA has passed an order as per Annexure 'A' cancelling the allotment of the site. It is the case of the petitioners that the respondent after having executed a registered sale deed, conveying right, title and interest, cannot cancel the allotment of the site.