COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY Vs. SRI K SHIVAKUMAR

JUDGEMENT

(1.) This appeal is filed by the Bangalore Development Authority (hereinafter called as 'BDA' for brevity) -Respondent Nos. 1 in W.P. No. 37897/09 being aggrieved by the order dt. 4.6.2010, wherein the learned Single Judge has allowed the Writ Petition and directed the BDA - Appellant herein to refund sale consideration of '. 1,19,70,000/- and also sum of '. 10,17,450/-deposited by the Petitioner - Respondent herein for value of the stamp paper with interest at 18% p.a. from 10.7.2007 till the date of refund and rejected the prayer of the writ Petitioner for damages with liberty to file suit in that behalf.

(2.) The Respondent herein filed W.P. No. 37897/09 seeking for refund of auction sale consideration deposited by him and also the amount deposited by him towards the stamp duty and damages of ' 5,00,000/- with interest at 18% p.a. from the date of deposit till the date of refund.

(3.) It is the case of the Respondent herein that he had purchased a corner site and he was the highest bidder in the auction of corner site bearing No. 22A situated at Hosur Road - Sarjapur Road, measuring East to West 19 Meters and North to South 10.50 meters totaling to 199.50 sq. meters in the public auction conducted by the Appellant - BDA. The highest bid was accepted in the auction conducted on 15.9.2006 and thereafter, he deposited ' 29,92,500/-on the date of auction itself. Thereafter, the balance amount was deposited on receiving notice, belatedly along with interest at 18% p.a. In all the Respondent deposited a sum of ' 1,19,70,000. Later, he was asked to deposit ' 10,17,450/-. He has taken the demand draft for the said amount in favour of the BDA and thereafter, the he was intimated that sale deed will be executed after the disposal of the W.A. No. 1795/06. The said appeal was dismissed by this Court on 09.04.2008. Even then, the sale deed was not executed. Thereafter, on the ground that there was a suit pending regarding the said site, the Respondent herein sought for refund of the amount deposited by him, which has not been considered. Therefore, Writ petition was filed for refund of the above said amount. The petition was resisted by the BDA. The learned Single Judge after considering the contention of the learned Counsel appearing for the parties and scrutinising the material on record held that there was no fault on the part of the allottee - the writ Petitioner and he had deposited the consideration amount and the amount deposited belatedly was deposited with interest. Despite the same, sale deed has not been executed. There was litigation regarding the site and it was the bounden duty of the BDA to refund the amount deposited by the Respondent herein as he is not interested in purchasing the site which is under litigation as no sale deed has been executed as accepted by him. Accordingly, ordered for refund ' 1,19,70,000/- and also sum of ' 10,17.450/-deposited by the Petitioner - Respondent herein towards value of the stamp paper with interest at 18% p.a. from 10.7.2007 till the date of refund and rejected the prayer of the writ Petitioner for damages with liberty to file suit in that behalf. Accordingly, allowed writ petition in part. Being aggrieved by the said order, this appeal is filed by the Respondent No. 1 -BDA.