V.SHARADA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN response to an application of the petitioner, vide Annexure -R1, the respondent sent an allotment intimation dated 26.02.2007, vide Annexure -R3. Petitioner was informed about allotment of site No.753 in Arkavathi Layout Block -X. Petitioner remitted the site cost. Later, column No.6, relating to the date of birth in Annexure -R1 having been found to be left blank, a notice dated 17.11.2007 was served on the petitioner, to furnish the details and proof with regard to her date of birth. In response to the said communication, petitioner submitted a letter dated 14.12.2007, enclosing her school transfer certificate, showing her date of birth as '20.05.1963'. A show cause notice dated 21.04.2008 was issued to the petitioner, as to why the allotment of site No.753 in Block -X of Arkavathi Layout should not be cancelled, since the cut off date was '10.12.1959.' The petitioner submitted a reply dated 25.04.2008 and did not dispute her date of birth being 20.05.1963. A site cancellation order dated 17.05.2008 was passed and the petitioner was notified of the same. Petitioner filed W.P.No.33403/2010, to direct the respondent to execute the registered sale deed and issue possession certificate and put her in possession of the site No.753 in Block -X of Arkavathi Layout. The said writ petition was disposed of on 29.10.2010, recording the submission made that the petitioner's reply furnishing the particulars called for is pending consideration and that another representation would be made within a week and also the BDA having agreed to consider and pass orders in accordance with law, if a representation is submitted to it. A representation dated 03.11.2010 having been submitted and the respondent upon consideration having found that the petitioner is ineligible for allotment and passed an order dated

(2.) 06.2011, vide Annexure -A, feeling aggrieved, this writ petition has been filed to quash Annexure -A and direct the respondent to issue possession certificate and execute the registered sale deed of the allotted site. 2. In justification of the order passed, as at Annexure -A, the respondent filed statement of objections on 06.12.2013. Pursuant to an order passed on 25.11.2013, the Commissioner of Bangalore Development Authority filed an affidavit dated 02.12.2013, with which, the documents relating to the passing of the impugned order have been produced.

(3.) SRI I.G. Gachchinamath, learned advocate by reiterating the case of the respondent, as stated in the statement of objections filed on 06.12.2013 and in the affidavit of the Commissioner of BDA, dated 02.12.2013, submitted that the petitioner having suppressed the material information with regard to her date of birth, her application vide Annexure -R1 being incomplete, after extending reasonable opportunity of hearing and consideration of the entire record, the impugned order having been passed, which being neither arbitrary nor illegal, no interference is warranted. He placed reliance on the decision in the case of Arjun Baljee vs. Bangalore Development Authority, 2007(6) KLJ 504.