A.GUNDABHAT Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Writ Petition is tiled challenging the order passed by the Bangalore Development Authority (for short hereinafter referred to as 'the BDA') on 5.12.2008 purported to be in compliance with the orders of this Court passed on 27.9.2007 in W.P.No. 9792/2006.

(2.) The petitioner was allotted a site bearing No. 210 measuring 30'x40' in 9th Block, Jayanagar, Bangalore, On payment of the amount, a conditional sale deed came to be executed on 20.7.1981. He gifted the said site to his son on 10.3.2000. Thereafter, he applied for a site from the BDA, this time under 'G' category. His request was considered and a site was allotted on 8.4.2002. A show cause notice came to be issued asking him to show cause why the allotment of site should not be cancelled because he had suppressed the fact of allotment of a site earlier by the BDA. He filed his explanation pointing out that, on the date he applied for allotment, he did not possess the BDA site. Over-ruling the said objections, the allotment of site was cancelled on 27.5.2004. Aggrieved by the said order of cancellation, he preferred a revision petition to the Government. The Government allowed the revision petition by its order dated 29.12.2004 and held that the petitioner has not contravened any of the Sections of the Bangalore Development Authority Act and therefore, it restored the allotment. The said order was not challenged and it has attained finality.

(3.) Thereafter, the BDA executed a sale deed in favour of the petitioner on 19.2.2005. The petitioner applied for sanction plan which was duly sanctioned on 15.11.2005. The petitioner has put up construction and is living with his family members. The Government on the basis of the judgment of this Court in W.P.No. 54602/2003 to which the petitioner is not a party which was disposed of on 4.2.2004 restored its earlier order dated 29.12.2004 and set aside the order upholding the allotment of site and cancelled the same. On the basis of the said order, consequentially the BDA passed one more order dated 1.7.2006 affirming the earlier order of cancellation.