CHANDRAKANTHAMMA P. Vs. THE BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD both sides.

(2.) BY this petition, Petitioner Chandrakanthamma prays to: (a) issue a writ of certiorari to quash Annexure -E the endorsement dated 7.10.1998 in No. BDA/ADM/DSIV/36/HBR/I/1998 -99 issued by the Respondent -the Bangalore Development Authority; (b) issue a writ of mandamus directing the Bangalore Development Authority to convey the site allotted to the Petitioner vide allotment letter dated 27.12.1997 without insisting for payment of Rs. 2,33,200/ - as stated in the endorsement Annexure -E; (c) pass such other order or orders or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.

(3.) WHAT is stated in Annexure -R1 is that the BDA may proceed to allot the said site to Petitioner by collecting its prevailing sital value or to collect the value thereof in terms of Rule 13(1) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 ('the Rules' for short) together with 21% interest thereon payable till the date of payment of the price thereof, whichever is higher. Admittedly, thereafter, an amount of Rs. 2,40,000/ - was paid by Petitioner to the Bangalore Development Authority through Bank Demand Draft bearing No. 227706, dated 2.9.1998. Thereafter, she was issued with an endorsement per Annexure -E, dated 7.10.1988 of the Bangalore Development Authority calling upon her to make further payment of Rs. 2,33,200/ -, thereby asking her to pay the present prevailing market price for the said site at Rs. 4,84,000/ -. Aggrieved by Bangalore Development Authority's endorsement at Annexure -E, the Petitioner has approached this Court seeking its quashment and for further reliefs as indicated above.