K JOHN KENNEDY Vs. COMMISSIONER BANGALORE DEVELOPMENT

JUDGEMENT

(1.) The records reveal that one Muthu was allotted Site No. 2C-439 in OMBR lay-out measuring 40 feet x 60 feet. He was allotted a marginal land to an extent of about 600 square feet. Thus in all the said Muthu was allotted the site plus marginal land, totally measuring 3000 square feet. The said Muthu sold the aforementioned extent of the land in favour of the petitioner under the registered sale deed. Subsequent to the sale deed, it was found that the area in which Site No. 2C-439 and marginal land are situated are not acquired at all by the Bangalore Development Authority ('BDA' for short). Therefore the allotment made in favour of Muthu came to be cancelled. The said order of cancellation was questioned before this Court in Writ Petition No. 26981/2010, which came to be allowed recording the submission of the learned Counsel for the BDA that the petitioner's claim for alternate site would be considered and the orders thereon would be passed within a reasonable time. Accordingly, Site bearing No. 2B-M-692 situated at OMBR lay-out is allotted in favour of the petitioner, which measures 12.20 x 18.30 meters. Approximately the site allotted in favour of the petitioner is more than about 40 feet x 60 feet. The grievance of the petitioner is that though earlier he was the owner of the site measuring 3,000 square feet, he is allotted site measuring about 2,500 square feet. Hence he has filed this writ petition praying for allotment of alternate site in his favour which is having measurement of 3,000 square feet. The Court can take the judicial notice of the fact that the BDA forms lay-out having the sites of measurement 30 feet x 40 feet, 30 feet x 50 feet, 40 feet x 60 feet, 50 feet x 80 feet etc., and very rarely the sites of odd measurement are formed. Undisputedly the original allottee Muthu was allotted a site measuring 40 feet x 60 feet. Thereafter, he was allotted a marginal land to an extent of 600 square feet. The petitioner has purchased the entire area of 3,000 square feet by investing money. Since it is not possible for BDA to allot the sites with a measurement of 3,000 square feet, it has allotted the site which is having measurement of about 2,500 square feet.