Karnataka High Court
Bangalore Development Authority vs Sri. Somashankar on 25 May, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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WA No.1761 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.1761 OF 2019 (BDA)
BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY
REPT BY ITS COMMISSIONER
T. CHOWDAIAH ROAD
KUMARA PARK WEST
Digitally
signed by BENGALURU-560 020.
RUPA V ...APPELLANT
Location: (BY SRI. B.S. SACHIN, ADV.,)
High Court
of Karnataka AND:
1. SRI. SOMASHANKAR
S/O LATE HUCHHAIAH
AGED ABOUT 67 YEARS
R/AT NO.243, NAGARBHAVI MAIN ROAD
PATTEGARAPALYA, BDA LAYOUT
BANGALORE-560 047.
...RESPONDENT
(BY SRI. PUNEETH K, ADV.,)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE DATED 07/02/2019 IN
W.P.NO.23600/2018 (BDA).
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No.1761 of 2019
JUDGMENT
This intra court appeal emanates from an order dated
07.04.2018 passed by learned Single Judge by which writ
petition preferred by the respondent (hereinafter referred to
as 'the Allottee' for short) has been allowed.
2. Facts giving rise to filing of this appeal briefly
stated are that a BDA site was allotted to one Mr.Krishna
(hereinafter referred to as 'the original allottee' for short) on
30.01.2001. The Bangalore Development Authority
(hereinafter referred to as 'the Authority' for short) handed
over the possession of the aforesaid site to the original
allottee on 20.05.2002 and a lease cum sale agreement was
executed by the authority on 14.09.2002. The original
allottee sold the site by a registered sale deed dated
26.11.2013 to the allottee.
3. However, a reasonable demand was made to the
allotttee by the authority. The authority in pursuance of an
illegal demand made payment to the authority. Thereafter,
the allottee filed a writ petition seeking a direction to the
authority to pay the excess amount paid by him to the
WA No.1761 of 2019
authority in ignorance of law. The learned Single Judge by
an order dated 07.02.2019 has inter alia directed the
authority to refund all the excess money recovered from the
allottee within a period of eight weeks. In the aforesaid
factual background, this appeal has been filed.
4. Learned counsel for the appellant submitted that
the learned Single Judge ought to have appreciated that
Rule 14 of the Bangalore Development Authority (Allotment
of Sites) Rules, 1984 contains a stipulation with regard to
restriction of conditions on sale of sites. It is submitted that
since the original allottee had sold the site within a period of
ten years, the authority was entitled to recover the amount
from the allottee. On the other hand, learned counsel for the
respondent has supported the order passed by learned
Single Judge.
5. We have considered the submissions made on
both sides and have perused the record. Before proceeding
further, it is apposite to take note of Rule 14 of the Rules,
which reads as under:
WA No.1761 of 2019
14. Restrictions, conditions on
sales of sites. - (1) The allottee shall not
alienate the site within the lease period
of ten years except mortgaging the site
in favour of Government of India or the
State Government or any financial
institutions for the purpose of securing
loan for the construction of building.
(2) If the site is alienated within
the lease period except for the purpose
specified in sub-rule (1), the authority
after a due notice to the lessee, shall
cancel the allotment, resume the site
and forfeit the amount paid by the
lessee.
(3) Notwithstanding anything
contained in these rules if the lessee
applies for reasons beyond his control
or by reasons of his insolvency or
impecuniosities to sell the site or the
site with the building constructed
thereupon, the authority may, with the
previous approval of the Government
either.-
(a) require him to surrender the
site, whereupon no building is
constructed. The authority after such
WA No.1761 of 2019
surrender shall pay to the lessee the
allotted value of the site together with
the interest at the rate of 12% per
annum thereon;
(b) where the building is
constructed on the site so allotted the
Authority shall permit him to sell the
building provided the lessee pays to the
authority an amount calculated at 12%
per annum on the allotted value of the
site.
6. From perusal of the aforesaid Rule, it is evident
that the same contains a stipulation with regard to non
alienation within a period of ten years. In the instant case,
the sites was allotted to the original allottee on 30.01.2001
and a lease cum sale agreement was executed by the
authority in favour of the original allottee on 14.09.2002
and thereafter, the original allottee sold the site to the
allottee by a registered sale deed dated 26.11.2013.
Therefore, Rule 14 of the Rules had no application to the
facts of the case as the site has been alienated beyond a
period of ten years. The Bangalore Development Authority is
WA No.1761 of 2019
a statutory body constituted under the provisions of
Bangalore Development Authority Act, 1976 and is a
instrumentality of the State. It is supposed to act under a
fair, rational and reasonable manner. It has been
constituted for the benefit of the public in general. The order
passed by learned Single Judge is eminently just and legal,
which does not call for any interference in this intra court
appeal.
For the aforementioned reasons, the appeals fails and
is hereby dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
SS
