MINISTRY OF COMMUNICATIONS EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., NO. 419, 12TH CROSS, SADASHIVANAGAR, BANGALORE-80, REP. BY ITS PRESIDENT SRI D. NAGABUSHANAM Vs. BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGAL

JUDGEMENT

(1.) IN this writ petition, petitioner is calling in question the communication dated 04.11.2010 issued by the Commissioner, Bangalore Development Authority, Bangalore, as per Annexure -A, thereby informing the petitioner to hand over 24,982.79 sq. ft. or 6.7 acres of land and also the land that belongs to the Social Welfare Department so as to enable the BDA to consider the request for issuing modified layout plan to the petitioner -Society. Petitioner is also notified that a detailed discussion with regard to the issue of modified layout plan was also permissible if the petitioner availed such an opportunity by contacting the Commissioner.

(2.) THE background facts that are necessary for appreciating the controversy raised in this writ petition are, that, the petitioner is a House Building Co -operative. Society established to cater to the needs of the employees in the Ministry of Communication, Union of India. Petitioner -Society has formed a layout during the year 1988. According to the petitioner, pursuant to the layout plan approved by the respondents, it had executed relinquishment deed on 06.04.1992 with regard to the roads, civic amenity sites, parks, etc., in favour of the BDA. Subsequently, BDA released sites as per the approved plan in the year 1992, 1994, 1996 and 1997. The sites so released by the BDA were allotted in favour of the members of the petitioner -Society and sale deeds came to be executed in favour of the allottees.

(3.) IT is not in dispute that pursuant to the resolution passed by the BDA vide Annexure -E, petitioner -Society has purchased 3 acres 31 guntas of land located in different part of Bangalore and has handed over the same in favour of the BDA by executing a registered document. It is also not in dispute that the amount ordered to be paid as penalty at the rate of Rs. 100/ - per sq. ft. for utilizing 4.89% of the land for residential purpose has been since paid in a sum of Rs. 4,37,46,654/ -.