DEVA DASS Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this petition, the petitioner has sought for the following reliefs:

(2.) In addition to reiterating various contentions urged in the petition and referring to various documents produced by the petitioner, learned counsel for the petitioner submits that he belongs to scheduled caste community in addition to economically weaker section of the society. Originally, site bearing No.602 was allotted in favour of the petitioner's wife-Smt. Jayamma on 21.01.2000. However, since the said site was acquired for formation of Bangalore-Mysore Highway, the same was cancelled and an alternative site bearing No.1205, 10th Block, Anjanapura, Bangalore was allotted in her favour. It is contended that no intimation was given to either the aforesaid Jayamma or the petitioner about the cancellation of site No.602 or allotment of alternative site No.1205. A Show Cause Notice dated 31.03.2004 was said to have issued by the BDA to Smt. Jayamma in respect of site No.1205. Surprisingly, on 08.10.2004, respondent issued a cancellation order purporting to cancel site No.602 and not 1205. Further, the said Jayamma having expired on 01.11.2005, no intimation whatsoever was issued either to Jayamma during her lifetime or to her husband, the petitioner herein.

(3.) It is contended that on account of the aforesaid facts and circumstances, since neither Jayamma nor the petitioner could pay the balance amount within the stipulated time, he submitted a representations dated 21.09.2015, 23.09.2015, 28.10.2015 and 22.01.2016 calling upon the BDA to transfer the allotment of site No.1205 by receiving the balance sital value. In support of the said representations, the petitioner placed reliance upon the note sheets maintained by the BDA as well as the opinion of the legal department wherein it is recommended that the subject site bearing No.1205 is allotted in favour of the petitioner by receiving the balance sital value together with 21% interest per annum.