S. GLORY Vs. BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK, BANGALORE - 560020 REPRESENTED BY ITS COMMISSIONER

JUDGEMENT

(1.) THE petitioner has raised the challenge to the order, dated 15.06.2009 (Annexure -J) cancelling the allotment of the site bearing No. 2314/B made to the petitioner's vendor. The facts of the case in brief are that the site measuring 20 x 25 ft. bearing No. 258 of Anadapura Slum Layout was allotted to one Issacc. It was transferred to his wife's name (Smt. Salath Mary) on 29.9.1997. As the unauthorised construction had come up on the allotted site, the said Smt. Salath Mary sought the allotment of alternative site. The respondent allotted the alternative site measuring 9.14 x 7.60 + 9.72/2 metres bearing No. 2314/B in HAL 3rd Stage Layout on 04.04.2005. On noticing that the alternative site is allotted in the layout formed prior to the layout in which the site was originally allotted, it gave the notice to the petitioner's vendor Smt. Salath Mary and on receiving no reply from her, cancelled the allotment of the alternative site.

(2.) SRI D.L. Jagadish, the learned counsel for the petitioner submits that the petitioner purchased the site No. 2314/B from the said Smt. Salath Mary. He submits that thereafter the petitioner has been paying the property tax from time to time. She has also got the khata transferred to her name, as is evident from Annexure -F on 22.05.2012. Thereafter, the petitioner has been residing there by constructing a small shed.

(3.) SRI K.M. Prakash, the learned counsel for the respondent submits that in the instant case, the allotment of alternative site runs contrary to the sub -rule (3) of Rule 11A of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. As the HAL 3rd Stage Layout is formed subsequent to the formation of Anandapura Slum Layout, the site in HAL Layout ought not to have allotted on account of the cancellation of the allotment of site in Anandapura Slum Layout.