B LAKSHMI Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is before this Court seeking that the endorsement dated 22.06.2009 as at Annexure-C be quashed and a further direction be issued to the respondent to allot the marginal land and execute sale deed after collecting the market price thereof at the rate of Rs.4,000/- per sq.mtr. as has been done in the case of the owners of site bearing Nos.1767 and 1768.

(2.) THE case in brief is that the petitioner undisputedly is the auction purchaser of the site st bearing No.1770 in Kumaraswamy Layout, 1 Stage, Bangalore. Abutting the plot purchased by the petitioner, there is an area measuring East to West 15.50 +15.00/2 mtrs. and North to South 12.20 mts., in all measuring 197.64 sq. mts. Though the plot is sufficiently large, it is considered as a land which cannot be utilised by the Bangalore Development Authority ('BDA' for short) for forming an independent site as there is no approach road and considering the fact that the land is bifurcated from the road by Nala. Hence, the petitioner contends that the same being a marginal land abutting the land which has been purchased by her, she is entitled for allotment of the same.

(3.) IN the light of the rival contentions, I have heard the learned counsel appearing for the parties and perused the petition papers including the original records maintained by the BDA, which was made available at the time of hearing. From the facts noticed above and the papers enclosed thereto, the fact that the petitioner is the purchaser of the site bearing No.1770 in Kumaraswamy Layout, 1st Stage, is not in dispute. The fact that the sites bearing No.1767 and 1768 are adjacent lands is also not in dispute. Though the abutting land to the petitioner's property measures an extent of 197.64 sq.mts, the respondent-BDA have considered the same as a marginal land as no other person can use the said land as there is no approach road and since the connecting road and the sites are bifurcated by a Nala. It is in that context, the respondent-BDA have considered the application of the petitioner as the same is a marginal land and to allot the same to the petitioner. To the extent of the respondent having considered the said land as marginal land and the same being allotted to the petitioner, the petitioner in fact supports the action of the respondent. However, the issue for consideration in the instant petition is only with regard to the costs that has been imposed on the said property.