A.N. JAYALAKSHMI Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner made an application in the prescribed Form-II for allotment of a site as a person belonging to the Economically Weaker Section falling under General Public Category, as per the BDA (Allotment of Sites) Rules, 1984 (for short 'the Rules'). In response thereto, Bangalore Development Authority allotted site No.1680, situated at VII Block, FE of SMV Nagara, Bangalore and sent an Allotment Intimation dated 06.02.2004. Petitioner deposited the balance sital value of Rs. 49,900/- on 15.04.2004. After issue of a show cause notice dated 19.10.2005, a site cancellation order dated 18.02.2006, vide Annexure-E having been sent, this writ petition was filed on 08.02.2013, to quash Annexure-E and for directing the respondent to execute a registered sale deed and convey the allotted site or allot and convey an alternate site.

(2.) Petition is opposed by filing statement of objections inter alia contending that the respondent having found that the petitioner is residing in Government quarters along with her husband, who is a Government servant and the income of the family being in excess of Rs. 11,800/- per annum, the petitioner did not fit into EWS category. A show cause notice dated 19.10.2005 was issued and thereafter, the allotment of site was cancelled, vide Annexure-E. The request made by the petitioner, that she may be enabled to pay the difference amount and to ratify the allotment by considering her claim in general category, being contrary to the Rules, was not agreed to. It has been further stated that there is misrepresentation and suppression of material fact by the petitioner to obtain the allotment of site and in view of the false particulars furnished in the prescribed Form-II, Rule 13(1) empowers forfeiture of the sital value.

(3.) Smt. S. Amrutha Sindhu, learned advocate, contended that the petitioner having complied with the requirements as per the Rules and the site having been lawfully allotted, the respondent has no right to pass the order of cancellation. She submitted that the Rules nowhere provide that the income of both the wife and husband should be considered while making allotment under category - EWS. Reliance was placed on an order dated 09.12.2009 passed in W.P.No.34586/2009 (Smt. Pushpa V.N., vs. The Commissioner, BDA and another) in support of the contention that the requirements to be taken into consideration for placing the applicant in EWS category is his/her status alone and the income of the spouse is not required to be clubbed. She contended that the decision taken by the respondent being arbitrary and illegal, the impugned site cancellation order is unsustainable.