Karnataka High Court
Vijayashankar C H vs The State Of Karnataka on 8 September, 2023
Author: G.Narendar
Bench: G.Narendar
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NC: 2023:KHC:32392-DB
WP No.21198 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.21198 OF 2022 (BDA)
BETWEEN:
1. VIJAYASHANKAR C.H.
S/O CHANDRASHEKAR
OCC: FORMER FOREST MINISTER
GOVERNMENT OF KARNATAKA
AGED ABOUT 61 YARS
Digitally R/A NO.41, KHB COLONY, KALKUNI
signed by HUNSUR, MYSORE DISTRICT.
RUPA V
...PETITIONER
Location:
HIGH (BY SRI. HARSHA P. BANAD, ADV.,)
COURT OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
ROOM NO.436, VIKASA SOUDAH
BENGALURU
M S BUILDING
DR. B.R AMBEDKAR VEEDHI
BENGALURU 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
CHOWDAIAH ROAD, BENGALURU 560 001.
...RESPONDENTS
(BY SRI. KHAMROZ KHAN, ADV., FOR R1
SRI. K. KRISHNA, ADV., FOR R2)
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NC: 2023:KHC:32392-DB
WP No.21198 of 2022
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENQUIRY
REPORT BEARING NO.11/2015 VIDE ANNX-E. DIRECT TO THE
RESPONDENTS TO EXECUTE A SALE DEED IN FAVOUR OF THE
PETITIONER WITH RESPECT TO SITE NO.89/B IN HSR,
SECTOR-3, BENGALURU MEASURING 40X60 AS PER
ALLOTMENT LETTER DTD 09.10.2006 VIDE ANNX-A. GRANT
AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION
OF ENQUIRY REPORT BEARING NO.11/2015 VIDE ANNX-E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, VIJAYKUMAR A. PATIL J., MADE
THE FOLLOWING:
ORDER
This writ petition is filed with the following prayers:
a) Issue a writ of Mandamus or any other appropriate writ, direction or order, quashing the Enquiry report bearing No.11/2015 produced at Annexure-E of this writ petition.
b) Issue appropriate writ/direction to the respondents to execute a sale deed in favour of the petitioner with respect to site no.89/B in HSR, Sector-3, Bengaluru measuring 40'x60' -3- NC: 2023:KHC:32392-DB WP No.21198 of 2022 as per allotment letter dated 09.10.2006 produced at Annexure-A of this writ petition.
2. Heard Sri.Harsha P Banad, learned counsel for the petitioner, learned Additional Government Advocate for the respondent No.1 and Sri.K.Krishna, learned counsel for the respondent No.2.
3. The petitioner was allotted site bearing Sy.No.89 B at HSR, Sector 3, Bengaluru measuring 40 ft x 60 ft vide allotment letter dated 09.10.2006. It is averred that the petitioner has paid the entire sale consideration to the respondent No.2 - Authority and thereafter they have executed lease-cum-sale deed dated 24.01.2007. It is further averred that W.P.No.23475/2010 came to be filed before this Court challenging the action of the State Government and the BDA in allotting stray sites under G category to various persons. It is also averred that this Court vide order dated 25.08.2012 in the said writ petition, has declared that sites allotted by the BDA under -4- NC: 2023:KHC:32392-DB WP No.21198 of 2022 G category are illegal. By virtue of the said order, the respondent No.1 has constituted a Committee to consider the applications of each of the applicant as to whether the site could be saved or resumed. The said Committee, after providing an opportunity to the petitioner, has held that the petitioner is not eligible for allotment and therefore, recommended the respondent No.2 - Authority to cancel and resume the site allotted to the petitioner.
4. Learned counsel appearing for the petitioner submits that, Rule 10 of the Bangalore Development Authority (Allotment of sites) Rules, 1984 has been amended with effect from 14.12.2005 vide notification dated 13.04.2022 and this site has been allotted on 09.10.2006. Therefore, the impugned order is unsustainable in law. The said submission with regard to the amendment is not disputed by Shri.K.Krishna, learned counsel for the BDA and the learned Additional Government Advocate.
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5. Learned counsel appearing for the petitioner submits that in similar circumstances in W.P.No.6263/2022, a co-ordinate Bench has allowed the writ petition by setting aside the recommendation of the Committee placing reliance on the amended Rules. The said submission is fairly not disputed by the learned counsel for the BDA.
6. The Committee has recorded in para 11 of the order that the disqualification of allotment is as per Rule 10 of the Rules. The said Rule having been amended retrospectively with effect from 14.12.2005, disqualification shall not apply in the instant case. Resultantly, this petition merits consideration and hence, the following:
ORDER
(i) Writ petition is allowed; and -6- NC: 2023:KHC:32392-DB WP No.21198 of 2022
(ii) Order passed in Inquiry Case No.11/2015 is quashed.
No orders as to costs.
Sd/-
JUDGE Sd/-
JUDGE RV