ASHA RAMESH KUMAR W/O DR. RAMESH KUMAR AND C. SAMBASIVAM S/O LATE CHENGALVARAYAN Vs. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER

JUDGEMENT

(1.) IN this writ petition, petitioners are challenging the order dated 09.8.2006 passed by the Commissioner, Bangalore Development Authority, Bangalore (hereinafter referred to as 'the BDA', for short) canceling the allotment of site bearing No. 751, Block -II of Sir M. Visweshwaraiah Layout, Bangalore.

(2.) 1st petitioner is the daughter of the 2nd petitioner. They have jointly filed this writ petition. The 1st petitioner applied on 13.11.2001 to the respondent -BDA requesting for allotment of a site measuring 15 x 24 metres by paying a deposit of Rs. 71,500/ -. As she was not allotted a site and as she had to go abroad, she executed a registered General Power of Attorney in favour of her father, the 2nd petitioner herein on 07.12.2001. Through her father and the General Power of Attorney holder, she again applied on 07.06.2002 seeking allotment of a site of the same dimension by paying the deposit amount of Rs. 71,500/ -. The BDA issued one more notification calling for applications of allotment of sites in Block -II. Sir M. Visweshwaraiah Layout, Bangalore. The 1st petitioner again applied through her GPA holder on 15.12.2002 by paying the necessary deposit. By order dated 07.04.2003, the BDA allotted a site bearing No. 751, Block -II, Sir M. Visweshwaraiah Layout, Bangalore and directed the petitioner to pay a sum of Rs. 5,03,400/ - within 60 days from the date of receipt of the order. This order is produced at Annexure -D. A No Objection Certificate was also issued by the BDA on 7.4.2003 for mortgaging the said properly in favour of certain specified banks/ financial institutions for raising loan.

(3.) A reply dated 21.04.2006 vide Annexure -J was sent However, by order dated 09.08.2006, the respondent cancelled the allotment on the ground that the application was filed by the 2nd petitioner on behalf of her daughter and it did not bear the signature of the 1st petitioner, which was against the provisions of Bangalore Development Authority (Allotment of Sites) Rules, 1984 (hereinafter referred to as 'the BDA Rules', for short). Aggrieved by the cancellation of allotment, the present writ petition is fifed.