VIJENDRA KAMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are allottees of Flats or Row Houses in Nandini Layout. In this batch of Petitions they have challenged the notices issued to them by Bangalore Development Authority ('BDA' for short) demanding increase in the cost of Flats/Houses allotted and delivered to them, in pursuance of its Resolution No. 239/94 dated 3.9.1994 increasing the price of such flats and houses.

(2.) BDA (Second Respondent) is an Authority constituted under the Bangalore Development Authority Act, 1976 ('Act' for short).Section 15 of the Act enables BDA to draw up and undertake development schemes involving construction of Buildings for the benefit of needy public. The First Respondent (State Government), in exercise of its powers under Section 69 of the Act, made the Bangalore Development Authority (Allotment of Buildings under Self Financing Scheme) Rules 1982 ('Rules' for short) regarding allotment of Houses/Flats constructed under such Schemes.

(3.) BDA commenced construction of the Units (Flats/Houses) at Nandini Layout in the year 1982 and completed the construction in or about 1988 -89. The Petitioners were allotted different types of Units at Nandini Layout by BDA between 1982 to 1991. Neither the Petitioners nor BDA have given the dates of allotment or the particulars of allotment. However, from the tabulated statements produced by parties and the impugned notices (Annexure 'L' series), I have categorised the Petitioners into the following five groups for convenient disposal of these Petitions (as detailed in the five Schedules to this Order): -