SHANTHAMMA C. W/O. N. NARAYANAPPA Vs. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD BANOALORE-20 REP. BY THE COMMISSIONER

JUDGEMENT

(1.) PETITIONER was allotted a site bearing No. 330, measuring 305(40' in 9th Block, Banashankari 6th Stage Layout, Bangalore vide allotment letter dated 13.3.2002 (Annexure -B). The petitioner has initially deposited Rs. 21,500/ - at the time of making the application for allotment of site. The balance of sale consideration of Rs. 1,50,500/ - was to be paid by the petitioner within 60 days from the date of receipt of the allotment letter. The same was made clear in the allotment letter itself. However, the petitioner did not deposit the balance of sital value within the prescribed period. Ultimately, the BDA after waiting for about 10 months, has passed the impugned order of cancellation of allotment of site vide Annexure -C, dated 29.1.2003 clarifying that the allotment of site made in favour of the petitioner stands cancelled. The sarrie was not questioned by the petitioner subsequentiy before this Court. However, the petitioner chose to make representation on 16.5.2004 as per Annexure -D praying for taking lenient view in the matter by accepting the balance of sital value. Strangely, the BDA has issued an endorsement as per Annexure -E, dated 31.1.2005 to the petitioner directing her to produce the original documents and the domicile certificate. But, no further records are produced by the petitioner before this Court as to what action she has taken pursuant to the said endorsement, till this day. However, this writ petition is filed on 9.1.2012 praying for quashing the impugned order at Annexure -C dated 29.1.2003 ard fora direction to the BDA to consider her representation vide Annexure -D, dated 16.5.2004.

(2.) AS aforementioned, the site measuring 30'x40' was allotted in favour of the petitioner and the same was intimated to her as per the allotment letter dated 13.3.2012 vide Annexure -B. The allotment letter amply clarifies that the petitioner has to deposit the balance of sital value of Rs. 1,50,500/ - within 60 days from the date of receipt of the allotment letter. It further makes it clear that at the most another 60 days can be extended for payment of balance of sital value with a condition that the petitioner should pay the interest at the rate of 18% for first 30 days and at the rate of 21% fir the next 30 days. Rule 13(1) of Bangalore Development Authority(Allotment of Sites) Rules, 1984 (for short hereinafter referred to as the 'Rules') as it then existed specified exactly the similar days for payment of balance of sital value. However, suhccquently, subsequently, Rule 13(1) is amended in the year 2008 and consequently now the allottee may be given an opportunity of extended time up to 120 days with a condition that the allottee should pay the amount as stipulated in the said Rule. Be that as it may, the petitioner has neither paid the balance of sital value within 120 days (60+60 days) as contemplated under the then sub -rule(1) of Rule 3.3 of the Rules or within 60+120 days as contemplated under the amended Rules of 2008. However, the BDA having waited for about 10 months from the clan of service of allotment letter, passed the impugned order at Annexure ªC, dated 29.1.2003 cancelling the allotment of site made in favour of the petitioner as the petitioner has failed to deposit the balance of sital value within the prescribed period. In view of the same, it cannot be said that the impugned order of cancellation of allotment of site is bad in the eye of law.

(3.) ACCORDINGLY , the writ petition fails and the same is dismissed not only on the ground of delay and laches, but also on merits.