ARJUN BALJEE Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) SINCE the facts are similar and the matters pertain to cancellation of sites allotted to brothers of the same family and common question of law is involved, both these appeals are heard together and disposed of by this common judgment.

(2.) THERE is delay of 289 days in filing W. A. No. 1435/2007 and for condonation of the same, I. A. I/2007 is filed. In paragraph 3 of the application reasons are mentioned for the delay caused in filing this Appeal. It is stated that the BDA came to know about the site got allotted by the other brother also and the same was cancelled. Challenging the cancellation, the other allottee filed Writ Petition No. 2113/2005 which was dismissed on 31. 7. 2007 by imposing exemplary cost of Rs. 10,000/ -. Aggrieved by the same the first appeal in W. A. No. 1797/2007 is filed. Therefore, a decision was taken to file appeal against order of the learned Single Judge who quashed the cancellation of allotment, with a view to have consistency in the stand of the BDA.

(3.) OBJECTION is filed opposing the application. Taking into consideration the circumstances under which the appeal is filed, the modus operandi used to get the sites allotted, the ineligibility of the allottees and the ratio laid down by the Apex Court in the decision reported in AIR 2000 SC 2306 (State of Bihar Vs. Kameshwar Prasad Singh) wherein the decision in the case of Collector, Land Acquisition Vs. Mst. Katiji reported in AIR 1987 sc 1353 is referred to for condoning the delay by taking a liberal approach and the following sub-paras of paragraph 11 in that decision are extracted: