H T GIRIYAPPA Vs. CHAIRMAN BANGALORE DEVELOPMENT

JUDGEMENT

(1.) SITE No. 508, situated at 10th Main, 18th Cross, Vijayanagar, Bangalore, was allotted by the respondents to the petitioner on 29-1-1973. The petitioner has constructed a house and has been residing therein.

(2.) ADJACENT to the site allotted to the petitioner there is a small piece of marginal land measuring (10+18)/2 x 50 feet. The same was allotted to the petitioner under Annexure-A dated 3-6-1976 at the average auction rate of Rs. 84. 66 per square yard and the petitioner was called upon to pay the cost of the same amounting to Rs. 6,585-00 within 90 days of the receipt of Annexure-A. From 16-6-1976 to 24-2-1977 the petitioner deposited the said amount of Rs. 6,585-00 as mentioned in Annexure-A1. The correct dimension report of the marginal land was submitted by the engineering Section of the BDA on 29-12-1977 and the actual measurement reported was 116. 66 sq. yds. Hence, by endorsement at Annexure-B dated 22-3-1993 the petitioner was called upon to produce the challans, if any, for having paid a sum of Rs. 3,585-00 being the balance amount of the marginal land. The petitioner remitted the said amount in two instalments, Rs. 2,000-00 on 2-12-1993 and another sum of Rs. 1,585-00 on 10-3-1995 vide Annexure-B1. Thereafter, the petitioner made representations to issue possession certificate and to complete the other formalities.

(3.) WHEN the things stood thus, respondents claim to have sent an endorsement dated 22-2-1995 to the petitioner, which is annexed to annexure-C1, calling upon the petitioner to pay a sum of Rs. 1,22,888-00 within 45 days of the receipt of the same. According to the respondents, this amount represents the average auction rate prevalent then for the excess marginal land of 32. 46 sq. mtrs. and interest for the delayed payment of Rs. 5,000-00 paid by the petitioner earlier. The petitioner claims that he has not received the said endorsement. Hence, the respondents issued Annexure-C1 dated 27-8-1996 to the petitioner along with the endorsement dated 22-2-1995 calling upon the petitioner to produce the challans for having remitted the sum of Rs. 1,22,888-20. Since the petitioner has not paid the said amount, the impugned order at Annexure-D dated 28-10-1997 has been passed by the respondents cancelling the marginal land allotted to the petitioner. The petitioner has sought to quash the same in this writ petition on various grounds.