BHASKARA REDDY Vs. BANGLORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER is the owner of the site bearing No. 920-2hc, situated at HRBR layout, 1 Block, Bangalore. The site was originally allotted in favour of Smt. D. Pushpa as per the allotment letter vide Annexure-D, dated 21-2-2000. BDA has executed absolute sale deed in favour of Smt. D. Pushpa on 24-2-2000. Thereafter she sold the property in favour of Abdul Jabbar vide sale deed dated 7-5-2003, who in turn sold the property in favour of the petitioner on 22-8-2003. Copy of the sale deed executed in favour of the petitioner is produced at Annexure-E to the writ petition.

(2.) ADJACENT to the property of the petitioner (on the hind side), a marginal land measuring 24. 10 sq. mtrs. is lying. According to the petitioner, the said marginal land cannot be used of by anyone else except by the petitioner, who is the owner of the site bearing No. 920-2hc. Thus, the petitioner made an application dated 25-3-2004, seeking allotment of the marginal land. The BDA sent intimation dated 4-8-2006 vide Annexure-C to the writ petition directing the petitioner to pay a sum of Rs. 8,67,959/- towards the value of marginal land + penalty. The said intimation, which is in the form of order, is called in question in this writ petition.

(3.) SRI. R. S. Hegde, learned advocate appearing on behalf of the petitioner submits that the impugned intimation is illegal, inasmuch as the BDA has fixed the value of the site according to its whims and fancies without reference to the Resolution dated 11-12-1996/ 13-12-1996 (Subject No. 249/1996 ). According to him, the BDA can fix the market value of the marginal land only in accordance with the aforementioned resolution. Per contra, Sri K. Krishna, learned advocate appearing on behalf of the BDA by relying upon another resolution dated 13-10-2005 (Subject No. 135/2005) contends that the bda is entitled to fix the market value of the site in accordance with Rule 5 of BDA (Disposal of Corner Sites and Commercial Sites)Rules, 1984 (for short hereinafter referred to as the 'rules' ). Thus, according to him, the bda is justified in directing the petitioner to pay a sum of Rs. 8,67,959/- towards the value of the property + penalty.