H. SARITA Vs. COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner has sought for a direction to respondent to consider the request of the petitioner for allotment of alternative site in Banashankari 6th Phase, 9th Block, Bangalore. The records reveal that the BDA has allotted Site No. 856 to Sri Suwalal Jain in Banashankari 6th Phase, 9th Block as per Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989. Possession certificate was issued in favour of Sri Suwalal Jain. Petitioner purchased the said site from the said Suwalal Jain for a valuable consideration under the registered sale deed. Khatha was changed in the name of the petitioner. Thereafter, it is made known that the area over which Site No. 856 is situated is not acquired by BDA at all. Therefore, the petitioner has made representation as per Annexure-H, dated 7-11-2012 for allotment of alternative site.

(2.) It is for the BDA to consider the representation of the petitioner for alternative site. If the prayer of the petitioner is genuine and in accordance with law, the same can be considered by the BDA as early as possible, but not later than the outer limit of four months from the date of receipt of this order.