K SARDAMMA Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) - After bearing the Learned Counsel for the complainants and the Respondent and perusing the records, the Commission delivered the following:

(2.) Site No.3, Sarakki Industrial Lay-out, Bannerghatta Road, III Stage, J. P. Nagar, Bangalore City was allotted to K. Munibasaiah, who was the husband of Complainant No. l and father of Complainant Nos.2 to 5 on 22.7.1977. The allottee paid the full amount and obtained the necessary documents. Site No.3a was allotted to one Sri V. L. Seenappa on 11.11.1975 by the respondent. He too paid the amount and obtained the necessary documents on 17.5.1988. Sri. V. L. Seenappa started digging pits for foundation in the site allotted to K. Munibasaiah. Then the Complainant No.3 filed Original Suit No.2251/1988 in the Court of the 13th Additional City Civil Judge, Bangalore for a permanent injunction restraining the said V. L. Seenappa from putting up any construction in that site. The said suit was decided on 28.2.1989 holding that Site Nos.3 and 3awerc one and the same and upholding the claim of V. L. Seenappa who was the earlier allottee. That fact is evident from the certified copy of the Judgment produced by the complainants. Hence, the complaints have filed this complaint for a direction to the BDA to allot an alternate site to the complainants and to pay compensation for the loss caused to them.

(3.) The complaint is resisted by the respondent mainly on the ground that it is barred by limitation.