Karnataka High Court
Smt Jyothi Lakshmi K V vs The Commissioner on 22 November, 2024
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NC: 2024:KHC:47633
WP No. 2011 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 2011 OF 2022 (BDA)
BETWEEN:
SMT. JYOTHI LAKSHMI K.V.,
W/O K. VIJAY KUMARAN,
AGED ABOUT 55 YEARS,
R/T 61/A, 6TH CROSS, 2ND 'C' MAIN ROAD,
BAPUJI NAGAR, BANGALORE-560 026.
...PETITIONER
(BY SRI. VASANTH KUMAR H.T., ADVOCATE)
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU-560 020.
2. THE DEPUTY SECRETARY-1
Digitally signed by
SHARMA ANAND BENGALURU DEVELOPMENT AUTHORITY,
CHAYA T. CHOWDAIAH ROAD,
Location: High KUMARA PARK WEST,
Court of Karnataka
BENGALURU 560 020.
3. SRI. NARENDRA L. KOTYAN
S/O LOKU KOTYAN
AGED ABOUT 70 YEARS,
NO.528, MONORAYAPALLYA,
4TH CROSS, R.T. NAGARA,
BANGALORE 32
...RESPONDENTS
(BY SRI. SACHIN B.S., ADVOCATE FOR R1 AND R2;
R3 - SERVICE OF NOTICE D/W, V/O/D 28.10.2024)
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NC: 2024:KHC:47633
WP No. 2011 of 2022
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED
ENDORSEMENT VIDE ANNEXURE-V DATED. 08.10.2021 ISSUED
BY THE R-2 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the Endorsement dated 08.10.2021 (Annexure-V) issued by respondent No.2, canceling the registered sale deed made in favour of the petitioner as per Annexure-H, to the writ petition.
2. The relevant facts for adjudication of this writ petition are that, pursuant to the application made by the petitioner seeking allotment of sites, respondent-BDA has allotted a site bearing No.310/A at Hosur Sajapura Road, HSR Layout, Sector-3 and a letter of allotment was issued on 12.09.2000 (Annexure-A). Thereafter, the respondent-BDA has executed the registered sale deed in favour of the petitioner on 13.01.2002 (Annexure-B), consequently issued the Possession -3- NC: 2024:KHC:47633 WP No. 2011 of 2022 Certification at Annexure-C to the writ petition. It is stated in the writ petition that there was excess marginal land adjacent to the petitioner site towards eastern side, however, the said marginal land will be utilised for access to reach the road in question and as such, the petitioner has made an application as per Annexure-D dated 15.10.2003, seeking allotment of the excess marginal land measuring 20x25 sq.feet, which is adjacent to the petitioner site. It is also stated in the writ petition that, the Assistant Executive Engineer of the respondent-BDA has conducted survey and filed report with regard to access of the marginal land to the petitioner as per Annexure-E and recommended for allotment of the marginal land in favour of the petitioner. However, the respondent-BDA without considering the factual aspects on record, has issued the Endorsement dated 08.10.2021, stating that the marginal land sought for by the petitioner has been cancelled unilaterally and therefore the presented this writ petition is filed.
3. Heard Sri. Vasanth Kumar H.T, learned counsel appearing for the petitioner and Sri. Sachin B.S, learned counsel appearing for respondents-BDA.
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NC: 2024:KHC:47633 WP No. 2011 of 2022
4. Sri. Vasanth Kumar H.T, learned counsel appearing for the petitioner, invited the attention of this Court to the registered sale deed dated 05.09.2005 (Annexure-H), wherein the site No.310/A of Sector 3 of Hosur Sajapura Road was registered in favour of the petitioner and thereafter, the respondent-BDA unilaterally cancelled the marginal land made in favour of the petitioner at Annexure-Q to the writ petition and contended that the respondent-BDA has no right to cancel this site unilaterally and therefore, sought for interference of this Court.
5. Per contra, Sri.Sachin B.S, learned counsel appearing for respondents-BDA submitted that, what is cancelled as per Annexure-Q is the marginal land which has not been allotted in favour of the petitioner and therefore, there is no impediment for the respondent-BDA to cancel the earlier registered sale deed made including the marginal land at Annexure-H and accordingly, sought to justify the impugned endorsement.
6. In the light of the submission made by the learned counsel appearing for the parties, on careful examination of the -5- NC: 2024:KHC:47633 WP No. 2011 of 2022 writ papers would indicate that the respondent-BDA, pursuant to the allotment letter at Annexure-A, executed the registered sale deed in favour of the petitioner on 13.01.2002 (Annexure-B). Perusal of the writ petition would indicate that, the petitioner has made an application at Annexure-S dated 22.01.2020 seeking alternative site and thereby as the respondent-BDA has not considered the same. Petitioner has filed WP.No.8028/2020 and this Court by order dated 13.11.2020 (Annexure-T), directed the respondents-BDA to consider the grievance of the petitioner in accordance with law.
7. It is also forthcoming from the writ petition that the respondent-BDA, without the consent of the petitioner has executed the cancellation of the marginal land as per Annexure-H to the writ petition, which per se effect the schedule mentioned in the registered sale deed dated 13.01.2002 produced at Annexure-B to the writ petition and therefore, the respondent-BDA has committed an error in canceling the site without providing opportunity of hearing to the petitioner and the cancellation of registered sale deed is contrary to Section 31 of the Specific Relief Act. -6-
NC: 2024:KHC:47633 WP No. 2011 of 2022
9. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner and as such, the Endorsement dated 08.10.2021 (Annexure-V) is hereby quashed and the respondent-BDA is directed to consider the case of the petitioner, seeking allotment of marginal site in the light of the report made by the Engineering section as mentioned above, if same is permissible under law.
With this observation, the writ petition is disposed of.
SD/-
(E.S.INDIRESH) JUDGE PK List No.: 1 Sl No.: 37 CT:SNN