SRI PUTTASWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has sought for a direction to the respondents to allot an alternate site measuring 12 X 18 Meters in OMBR Layout or in the alternative, if the sites are not available in the OMBR Layout, in the layout formed subsequent to the OMBR Layout, by considering the representations dated 01.10.2018 and 12.10.2018 at Annexures- M and N respectively.

(2.) The petitioner is claiming to be a National Kabbadi player and participated in the National Kabbadi Championship in the year 1974-75. It is submitted that considering the extraordinary achievement in the field of sports, on the request made by the petitioner, respondent No.1-Bengaluru Development Authority had resolved to allot a residential site. Accordingly letter of allotment had been issued allotting site No.2AC-432 measuring 12X18 meters at OMBR Layout by fixing the sital value at Rs.62,67,644/-. Since the price fixed by the respondents for the allotted site was exorbitant, petitioner filed W.P.No.48612/2014 which came to be disposed of, directing the Bangalore Development Authority to demand Rs.4,50,000/- along with interest, challenging the said order W.A.No.1735/2015 was filed by BDA before this Court and the same was disposed of, confirming the order passed by the learned Single Judge.

(3.) It is contended that even before the delivery of possession certificate and lease-cum-sale agreement, there had been a suit filed by one Smt.Mahadevamma against the respondent herein so also against the petitioner. There was an order of status-quo passed by the trial court on 22.12.2015. In the said suit proceedings, it was the specific contention of the plaintiff Smt. Mahadevamma that part of the site now allotted to the petitioner belongs to her. The said suit has been decreed on 22.9.2018 in favour of the plaintiff and same has reached finality. In view of the same, no site allotted to the petitioner is available for the enjoyment of the petitioner. As such, representations were made by the petitioner seeking for allotment of an alternative site of the same measurement in OMBR layout or in any other layout formed subsequent to OMBR Layout. But, the same not having responded by the respondents, petitioner is constrained to file this writ petition seeking for allotment of an alternative site along with damages/compensation for driving the petitioner to a civil dispute in O.S.NO.10216/2015 so also filing the present writ petition. The petitioner has sought for a direction to the respondents to refund the stamp duty, registration fees, khata transfer fee, property tax paid till date and other incidental expenses totaling Rs.50,000/-.