C.KUMARASWAMY Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the instant petition the petitioner has assailed the endorsement dated 31.05.2013, in No.MUDA/VaAaKa-6/2013-2014, Annexure-H, and further sought for a direction to accept the payment of the amount due in allotment of the site No:1212 of Laliltadrinagar-South Layout Mysuru, in terms of the allotment letter at Annexure-D, dated 02.11.2012, pursuant to the allotment of site.

(2.) The petitioner is one of the applicant who had submitted an application under 'physically handicapped quota'. He was allotted site No.1212 of Lalitadrinagar-South Layout Mysuru on 02.11.2012, while imposing various conditions including that within what date he is required to pay the entire amount i.e., 90 + 30 days = 120 days. The petitioner could not remit the payment within the time limit stipulated therein. Thus, there is a delay in remitting the balance amount for about 54 days. In view of these facts and circumstances, the respondents have issued an endorsement dated 31.05.2013, through Annexure-H, which is the subject matter of the present petition. The petitioner had the benefit of interim relief on 12.07.2013. Consequently, the petitioner approached the respondent on 24.07.2013, with a Demand Draft. The same was not accepted.

(3.) The learned counsel for the petitioner submitted that there is no question of delay in remitting the sital value pursuant to Rule-19 of the Karnataka Urban Development Authority (Site Allotment) Rules 1991 (for short Rules, 1991). It was submitted that the State has evolved reasonable classification among the general and SC/ST/physically handicapped persons/defence persons. In respect of mode of payment for the special categories like SC/ST or defence persons, she/he should have been LRs of the person who died in the defence department/physically handicapped. They are entitled to remit the sital value within a period of three years. Such payment was to be made within 36 installments.