GANGADHARAIAH C.S. Vs. COMMISSIONER BANGLORE DEVELOPMENT

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of certiorari to quash the impugned order of cancellation of corner site bearing No.[xxxx]515/2018-19 dtd. 11/12/2018 and forfeiture of 25% of the initial deposit in respect of site bearing No.152, 10th Block, Nagarabhavi 2nd stage, Bengaluru and further for a direction to accept the balance amount with interest and execute sale deed and convey the schedule property in favour of the petitioner.

(2.) Heard the learned counsel Sri. Prakash T. Hebbar, for petitioner and Sri. B.S. Sachin, learned counsel for respondent-BDA and perused the writ petition papers.

(3.) Learned counsel for the petitioner submits that the petitioner participated in e-auction, in respect of site bearing No.152, 10th Block, Nagarabhavi 2nd stage, Bengaluru and the petitioner was declared as successful bidder in the auction held between 18/9/2015 to 28/9/2015. The auction in respect of site in question was confirmed under Annexure-B dtd. 5/11/2015, which indicates the total value of site at Rs.1,63,72,372.00(Rupees One Crore Sixty Three Lakh Seventy Two Thousand Three Hundred and Seventy Two only) and the petitioner was required to deposit 25% of the initial amount of Rs.40,93,093.00 (Rupees Forty Lakh Ninety Three Thousand and Ninety Three only). Thereafter, the petitioner was required to pay balance amount of Rs.1,21,15,555.00(Rupees One Crore Twenty One Lakh Fifteen Thousand Five Hundred and Fifty Five only) along with 1% TDS within 45 days. The petitioner was given time to pay balance amount under Rule 6(4) of the Bangalore Development Authority (Disposal of Corner Sites, Intermediate sites and Commercial Sites) Rules, 1984 (for short 'the 1984 Rules') i.e., 210 days from the date of confirmation along with interest at the rate of 21% p.a. The petitioner is said to have paid entire amount of Rs.1,21,15,555.00 on 15/7/2016. But, the petitioner failed to pay interest thereon and 1% TDS amount. As the petitioner failed to pay the amount along with interest, the respondent-BDA issued final notice dtd. 27/4/2018 and thereafter under impugned order dtd. 11/12/2018 cancelled the confirmation of corner site in favour of the petitioner.