H.N. RAGHUNATHA, S/O. LATE SRI NARAYANA ACHAR Vs. THE BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE - 560001, REPRESENTED BY ITS CHAIRMAN

JUDGEMENT

(1.) THE petitioner, who is the senior citizen (aged about 72 years), is agitating for the determination of the fair allotment consideration for the marginal land. The facts of the case in brief are that the respondent allotted site bearing No. 883, 2nd C Cross, 3rd A Main, Banashankari III Stage, II Phase, 7th Block, Bangalore -85 in Hosakerehalli layout. The site was allotted in 1978 and the sale deed was executed in 1981. The petitioner constructed the house and he has been residing therein. Adjacent to the said site, there lies a strip of land measuring 13" x 30", which is known as marginal land in the general parlance. The petitioner was given to understand that the marginal land would be allotted to him at the consideration to be worked out as per the norm prescribed in Rule 5(b) of Bangalore Development Authority (Disposal of Corner Sites, etc.,) Rules, 1984 (for short, 'the said Rules'). However, the respondents did not allot the marginal land to the petitioner; it was given to one Sri Venkatesh Shetty. Aggrieved by the said allotment in favour of Venkatesh Shetty, the petitioner had filed W.P.No. 24451/1994, which came to be dismissed by the learned Single Judge by his order, dated 03.09.1997. The petitioner filed W.A.No. 5825/1997. The Division Bench disposed it of by its judgment, dated 10.12.1999 recording the respondent's memo that the decision allotting the marginal site to Venkatesh Shetty is being reviewed. The Division Bench prescribed the time -frame of six months to the respondent for completing its review exercise. Pursuant thereto, the respondent passed an order, dated 03.07.2000 cancelling the allotment made in favour of Venkatesh Shetty, However, no orders came to be passed on the petitioner's application for the allotment of marginal land. Aggrieved by the inaction of the respondent in the matter, the petitioner filed W.P.No. 39301/2003 seeking a writ in the nature of mandamus to the respondent to give the marginal land. The said writ petition was disposed of by this Court by its order, dated 24.02.2005 directing the respondent to pass the orders in the light of Rule 5 of the said Rules.

(2.) THE respondents issued the demand notice, dated 10.7.2008 (Annexure -A) to the petitioner calling upon him to pay Rs. 26,90,206/ - at the rate of Rs. 43,237/ - per sq. metre, towards the allotment consideration of the marginal land. The petitioner represented to the respondent to revise the demand notice, as the amounts were erroneously noted, The petitioner also sought certain information invoking the relevant provisions of the Right To Information Act. The communication, dated 31.01.2009 (Annexure -E) issued by the respondent states that the average auction rate is Rs. 28,628/ - per sq.metre in Hosakerehalli and Rs. 21,368/ - in Banashankari 3rd Stage.

(3.) NOT content with the marginal reduction of amounts, the petitioner submitted one more representation, dated 18.03.2009 (Annexure -H) furnishing the auction rates with the aid of the statistics. He attempted to show to the respondent that the average auction rate cannot exceed Rs. 29,123/ -. The respondent instead of considering the petitioner's request for further reduction, issued an endorsement, dated 19.09.2009 (Annexure -C). The sum and substance of the endorsement is that the status -quo ante is restored i.e., the petitioner was asked to pay Rs. 26,90,206/ - as per the BDA's notice, dated 10.07.2008 (Annexure -A) and not Rs. 22,67,297/ - as demanded by the respondents subsequent notice, dated 20.02.2009 (Annexure -B). The two demand notices and the endorsement are impugned in this petition.