E. RAMASWAMY Vs. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is before this Court assailing the endorsement dated 30.10.2004 impugned at Annexure -E to the petition. The petitioner is seeking for issue of mandamus to direct the respondent to consider the representation filed by the petitioner on 14.2.2008 Annexure -H to the petition. The case of the petitioner is that he belongs to Scheduled Caste and he was allotted a site bearing No. 224 measuring 20 x 30 situated at Jnana Bharathi Layout, Valagerahalli, Block -I. The total cost of the site was notified at Rs. 33,490/ -. The petitioner had deposited a sum of Rs. 5,000/ - on 10.8.2000 and thereafter, due to certain personal difficulties, he could not pay the balance amount immediately. After mobilizing the amount, he has deposited a sum of Rs. 28,500/ - on 2.6.2004. However, the respondent had cancelled the allotment on 30.10.2004. It is in that circumstance the petitioner, claiming to be aggrieved by the same, has not only made the representation but has also relied on the Circular dated 18.10.2007 and 18.11.2010 claiming benefit thereunder with regard to the demand made and the interest that has been stipulated therein.

(2.) THE respondents have filed their objections statement. The primary contention therein is that the payment which was required to be made was under Rule 13(1) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. It is contended that even as per the provision therein, the amount has not been paid as per the installments and therefore, any payment made on 2.6.2004 cannot enure to the benefit of the petitioner and as such, the respondents have sought to justify their action in cancelling the allotment. It is contended that the petitioner has not approached this Court diligently and therefore, no relief could be granted to the petitioner.