GOPALAKRISHNA .H Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These writ petitions are directed against the endorsement issued by the Bengaluru Development Authority (BDA), calling upon the petitioners to surrender the original documents relating to site Nos.2521 and 2522 Layout, 2nd situated at Sir M Vishweshwaraiah block, Bengaluru on the ground that the said sites are corner sites required to be disposed of only through public auction under the Bengaluru Development Authority (Disposal of Corner Sites and Commercial Sites) Rules, 1984 ('Rules, 1984' for short). The petitioners, who are in possession under the registered sale deed executed by BDA in 19/10/2004 and 15/2/2006 respectively, challenged the legality of the said endorsement and the consequential auction proceedings, whereby respondent Nos.3 and 4 have been issued sale deeds and possession certificates.

(2.) As the issues involved in both petitions arise out of the same layout, same block, adjoining sites and common legal questions, they are heard together and disposed of by this common order.

(3.) The petitioner was allotted site No.2521, measuring 30x40 feet in 2003 as an intermediate site in Sir M Vishweshwaraiah Layout (Sir M.V.V Layout). A registered sale deed was executed in his favour on 19/10/2004, followed by issuance of possession certificate and katha. The petitioner has been in possession for nearly two decades, paying taxes and maintaining the site. On 19/8/2023, the BDA issued an endorsement directing him to co-operate for cancellation of the sale deed stating that the site was auctioned on 1/6/2023 and respondent Nos.3 and 4 were successful bidders. The petitioner contends that his site was never a corner site and that the BDA has illegally treated his long standing allotment as void after altering the layout and auctioning the site. Brief facts W.P.No.12656/2023: