S RAVINDRA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER is the owner in possession of property bearing No. 1114/d, 9th Cross, Ashoknagar, Banashankari I Stage, Bangalore measuring 30 x 46 + 49/2. He has built a house therein. The said site was initially allotted in favour of Smt. Rajamma in the year 1983 who in turn sold the same to one Smt. Pushpa who in turn sold the same in favour of smt. Nandakishan. She constructed a house thereon and thereafter sold the same to the petitioner herein. In terms of the sale deed dated 7-7-1999. The period of non-alienation i. e. , 10 years has expired in 1993. Petitioner after purchasing the property filed an application on 2-3-2003 with the first respondent for execution of an absolute sale deed in his favour. The BDA issued an endorsement dated 18-3-2003 asking the petitioner to pay a sum of Rs. 3,00,000/- as fine, representing 25% of the sale consideration. This endorsement is challenged by the petitioner in this petition.

(2.) NOTICE was issued and respondents have entered appearance. They say that as per the terms and conditions Smt. Rajamma occupied the property in question as a tenant for a period of ten years from the date of taking possession. Clause 5 deals with the said situation. According to respondents, the same was made during the non-alienation period and therefore fine is leviable in terms of Rule 14 (2) (a) (iii) of the Bangalore development Authority (Allotment of Sites)' Rules, 1984. Respondents have also annexed a circular dated 23-6- 1999 in the matter of levy in such circumstances.

(3.) LEARNED Counsel for the petitioner would argue that initially BDA has no power at all to levy the fine. Even otherwise, learned Counsel would say that levy of 25% is referable to the first sale and not to the sale effected in favour of his client.