Karnataka High Court
V S Gopalaswamy vs Bangalore Development Authority on 17 August, 2012
Author: K.L.Manjunath
Bench: K.L.Manjunath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF AUGUST 2012
PRESENT
THE HON'BLE MR. JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
W.A. No.1819/2008 & W.A. Nos. 792-795/2010 (BDA)
BETWEEN :
1 V S GOPALASWAMY
S/O. LATE SHRI V.S. SESHA IYER
AGED 62 YEARS
R/AT NO.231/3, 12TH CROSS
WILSON GARDEN
BANGALORE - 560027.
2 SMT V JAYAMANI
W/O. SHRI V.S. GOPALASWAMY
AGED 50 YEARS
R/AT NO.231/3,
12TH CROSS, WILSON GARDEN
BANGALORE - 560027.
3 JOHN THOMAS
S/O. K U THOMAS
AGED 56 YEARS
C-53, CONVENT ROAD
MANISH APARTMENT
RICHMOND TOWN
BANGALORE - 560025.
4 SMT ELIZABETH JOHN
W/O. JOHN THOMAS
2
AGED 50 YEARS
C-53, CONVENT ROAD
MANISH APARTMENT
RICHMOND TOWN
BANGALORE - 560025.
5 R UMESH KUMAR
S/O. LATE SHRI T C RAJU
AGED 44 YEARS
R/AT NO. 5/14, 16TH CROSS,
HOSUR ROAD, LAKKASANDRA
BANGALORE - 560030. ...APPELLANTS
( By SRI. KESTHUR N CHENDRA SHEKHER, ADV.)
AND :
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
BANGALORE - 560020
BY COMMISSIONER. ...RESPONDENT
(By Sri. K KRISHNA, ADV.)
These Writ Appeals are filed under Section 4 of the Karnataka
High Court Act, 1961, prays that this Hon'ble Court be pleased to call
for records in W.P. No. 20084/2004; set aside the judgment dated
14.10.2008 and allow the said writ petition by allowing these writ
appeals.
These Writ Appeals coming on for Hearing this day,
K.L.MANJUNATH. J., delivered the following :
JUDGEMENT
Heard the learned Counsel for the parties.
2. The appellants herein had purchased sites in public auction conducted by the B.D.A. On 30th July 1993 namely., Site Nos.823, 3 410, 438, 796 and 824 in Sector I of Hosur Sarjapur Road Layout and they had deposited 25% of the auctioned amount. Though they had paid 25% of the amount in spite of their request sale made in their favour were not confirmed. It is their case that they were ready and willing to pay the balance sale consideration. Thereafter, as per the endorsement dated 06.02.2003 the appellants herein have been allotted an alternate site at HSR Sector 4 and subsequently, as per Annexures 'J' to 'N' dated 08.04.2004 and 06.04.2004 the appellants were called upon to pay the sital value as demanded therein.
3. Contending that the rates quoted in Annexures 'J' to 'N' is on higher side, the writ petition was filed requesting the Court to permit the appellants to pay 75% of the sital value as auctioned by them in a public auction held on 30 th July 1993. The learned Single Judge after hearing the parties dismissed the writ petition and further directed that it is open for the appellants to pay the amount demanded by the BDA and if they are not willing to pay the rate fixed by the BDA, the appellants can seek for return of the initial deposit with 8% interest from the date of deposit till refund. Challenging the same, the present writ appeals are filed.
4
4. The matter was heard at length. After arguing the matter, the learned Counsel for the appellants submitted that the appellants are willing to pay the amount as demanded in terms of Annexures 'J' to 'N'. If it is so, the appellants are at liberty to approach the BDA and they are at liberty to make the payments and it is for the BDA to consider the request of the appellants in accordance with law.
5. With the above observations, these writ appeals are disposed of.
Sd/-
JUDGE.
Sd/-
JUDGE.
Rbv