H. NAGARAJ Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is before this Court seeking that the endorsement dated 30.11.2012 impugned at Annexure -J be quashed and a mandamus be issued to the respondent to execute and register an absolute sale deed in respect of site bearing No. 1880, Sir M. Visweshwarayanagar, 7th Block Further Extension, Bangalore. The petitioner had made application for allotment of site to the respondent in the year 1982, 2002 and 2003 respectively. According to the petitioner though he was entitled to the preferential allotment as he was an employee of the Karnataka Power Transmission Corporation and such right was available for grant of site, the respondent had not allotted the site in the year 2003. Presently, the details on that aspect of the matter need not be adverted to since it is not in dispute that the petitioner had approached this Court in W.P. No. 8835/2008 and this Court while disposing of the same on 12.11.2008 had directed allotment of site in favour of the petitioner. The request of the petitioner however is for execution of an absolute sale deed in his favour.

(2.) THE respondent -BDA in response to the request of the petitioner have issued the endorsement dated 30.11.2012 wherein they have contended that since the Site Allotment Rules have been amended with effect from 27.04.2005 whereby the execution of the absolute sale deed has been modified, the petitioner would not be entitled to the same. The objection statement filed in the instant petition is also to the same effect to justify that the rejection made is as per the Rules and therefore to contend that the same does not call for interference.

(3.) THEREFORE , keeping these aspects in view, I am of the opinion that the reason put forth in the endorsement dated 30.11.2012 would not be justified in the instant facts of the case. Accordingly the endorsement is quashed. A direction is issued to the respondents to execute the absolute sale deed in respect of the site allotted in favour of the petitioner and enable registration of the same. To carryout such direction in a time bound manner the petitioner shall now file a representation along with the certified copy of this order with the respondents within two weeks from the date of receipt of a copy of this order. The respondents shall thereafter take steps for execution of the sale deed within four weeks from the date on which the petitioner complies with the other requirements with regard to production of stamp papers etc. In terms of the above, the petition stands disposed of.