SHANTHAMMA C. 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 she belongs to backward caste community. Site bearing No.330 measuring 30' x 40' at Banashankari 6th Stage Layout, 9th Block, Bangalore was allotted in her favour on 13.03.2002. The respondent also issued a 'No Objection Certificate' dated 13.03.2002 in favour of the petitioner permitting her to mortgage the site.

(3.) After verification, petitioner came to know that the said site was adjacent to a stream and not capable/suitable of being used for residence. Under these circumstances, the petitioner submitted representation dated 26.04.2002 requesting the respondent to allot an alternative site. However, no steps were taken by the respondent in this regard. Instead, a Show Cause Notice dated 22.08.2002 (which was not served upon the petitioner) followed by the impugned order dated 29.01.2003 was passed by the respondent purporting to cancel the allotment in favour of the petitioner. Pursuant thereto the petitioner submitted a representation dated 03.06.2004 to the respondent informing them that on account of road traffic accident, criminal case and financial difficulties faced by the petitioner and her family members, it was not possible for her to pay the balance sital value within the stipulated time. Petitioner submitted one more representation dated 12.03.2007 to the Hon'ble Chief Minister, who got issued a recommendation dated 15.03.2007 in favour of the petitioner through his Special Officer.