V. CHINNABAI, MYSORE Vs. MYSORE URBAN DEVELOPMENT

JUDGEMENT

(1.) Fact IN BRIEF:

(2.) Petition is opposed by respondent-MUDA by filing common statement of objections inter alia contending that failure to make payment of the value of the site within the time stipulated by law as well as paper publication on 9.5.2005, resulted in the cancellation of the allotment. The instructions issued by the State Govt. were not to consider the re-allotment of the site in case of cancellation due to non-payment. Petition filed after 7 years suffers from delay and laches. Petitioner being a fence sitter is disentitled to the relief.

(3.) In the admitted facts petitioners though allotted sites by MUDA failed to pay the value thereof within the time stipulated in the letters of allotment or as prescribed by Rule 19 of the Rules as applicable, hence the allotments stood cancelled, which when not questioned, have filed these petitions several years thereafter, while in some cases more than two decades without showing sufficient cause for the delay and laches. Hence disentitled to equities. In fact during the lifetime of the allottees viz., M.Papanna in W.P.18661/2010 allotted on 6.5.1986 and Krishnaiah in W.P.50593/2012, allotted on 31.03.2005 did not challenge the cancellation of allotment but their respective widows have presented the petitions. Petitioners claim being stale are disentitled to any relief. Facts reveal the allotment of sites to petitioners on: <FRM>JUDGEMENT_777_TLKAR0_2013_3.html</FRM>