SRI A S VISHNU BHARATH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:46578
WP No. 17376 of 2017
C/W WP No. 17377 of 2017
WP No. 17378 of 2017
AND 5 OTHERS
CNR: KAHC010043712017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 17376 OF 2017 (BDA)
C/W
WRIT PETITION NO. 17377 OF 2017,
WRIT PETITION NO. 17378 OF 2017,
WRIT PETITION NO. 30084 OF 2017,
WRIT PETITION NO. 32175 OF 2017,
WRIT PETITION NO. 38329 OF 2017,
WRIT PETITION NO. 38330 OF 2017,
WRIT PETITION NO. 41662 OF 2017
IN WP No. 17376/2017:
BETWEEN:
SRIDHARA S.N.
S/O MR. NANJEGOWDA
AGED 44 YEARS
RESIDING AT: A006,
SRIRAM SHRISTHI APARTMENTS
SUMANGALI SEVA ASHRAM ROAD
ANANDANAGAR
BANGALORE - 560032
…PETITIONER
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. C.V.KUMAR, ADVOCATE)
AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK (WEST)
BANGALORE - 560020
REPRESENTED BY ITS CHAIRMAN
2. STATE GOVERNMENT OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKAS SOUDHA
BANGALORE - 560001
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REPRESENTED BY ITS PRINCIPAL SECRETARY
…RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.2;
SRI. SACHIN B.S., ADVOCATE FOR RESPONDENT NO.1)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
ST
CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1 RESPONDENT
BDA TO GRANT THE PETITIONER EXTENSION OF TIME IN MAKING
THE BALANCE PAYMENT, UNTIL ALL INFRASTRUCTURE AND
ST
AMENITIES ARE PROVIDED BY THE 1 RESPONDENT - BDA UNDER
THE SAID LAYOUT AND NOT CHARGE ANY PENAL INTEREST FOR
SUCH EXTENSION OF TIME.
IN WP NO. 17377/2017
BETWEEN:
AYESHA KHATOON
W/O MEER MAZHAR PASHA,
AGED 69 YEARS,
TH
RESIDING AT NO.2431, 8 MAIN,
ND
22 CROSS,
ND
BANASHANKARI 2 STAGE,
BANGALORE-560070.
...PETITIONER
(BY SRI. C.V. KUMAR, ADVOCATE)
AND:
1.
THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK (WEST)
BANGALORE-560020,
REPRESENTED BY ITS CHAIRMAN.
2.
STATE GOVERNMENT OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
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REPRESENTED BY ITS PRINCIPAL SECRETARY.
...RESPONDENTS
(BY SRI. SRINIVAS BHAT, ADVOCATE FOR RESPONDENT NO.1;
SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
ST
OF INDIA PRAYING TO DIRECT THE 1 RESPONDENT BDA TO
GRANT THE PETITIONER EXTENSION OF TIME IN MAKING THE
BALANCE PAYMENT, UNTIL ALL INFRASTRUCTURE AND AMENITIES
ST
ARE PROVIDED BY THE 1 RESPONDENT BDA UNDER THE SAID
LAYOUT AND NOT CHARGE ANY PENAL INTEREST FOR SUCH
EXTENSION OF TIME.
IN WP NO. 17378/2017
BETWEEN:
DR. C.M. ZAMEER AHMED
S/O MR. C.M. ZAHEER AHMED
AGED 38 YEARS
RESIDING AT SUMMIT NO.346
36A CROSS, NEAR DENA BANK
TH TH
9 MAIN, 5 BLOCK, JAYANAGAR
BANGALORE- 560041
...PETITIONER
(BY SRI. C.V. KUMAR, ADVOCATE)
AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK (WEST)
BANGALORE - 560020
REPRESENTED BY ITS CHAIRMAN
2. STATE GOVERNMENT OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKAS SOUDHA
BANGALORE - 560001
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REPRESENTED BY ITS PRINCIPAL SECRETARY
...RESPONDENTS
(BY SRI. SRINIVAS BHAT, ADVOCATE FOR RESPONDENT NO.1;
SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
ST
OF INDIA PRAYING TO DIRECT THE 1 RESPONDENT BDA TO GRANT
THE PETITIONER EXTENSION OF TIME IN MAKING THE BALANCE
PAYMENT IN A STAGGERED MANNER, UNTIL ALL INFRASTRUCTURE
ST
AND AMENITIES ARE PROVIDED BY THE 1 RESPONDENT BDA
UNDER THE SAID LAYOUT AND NOT CHARGE ANY PENAL INTEREST
FOR SUCH EXTENSION OF TIME.
IN WP NO. 30084/2017
BETWEEN:
1. T.R. MADHUSUDHAN SASTRY
S/O RAMAKRISHNA SHASTRY,
AGED ABOUT 49 YEARS,
R/AT NO.168/25, DHATRI,
TH
11 MAIN, II CROSS, NAGENDRA BLOCK,
BANGALORE-560050
2. I. JAYALAKSHMI
W/O I. MOHAN RAO,
AGED 80 YEARS,
R/AT NO.52/54, INTIMATE BHAVAN,
OPPOSITE LANE NO.2,
PRAKRUTHI TOWNSHIP,
KALANNAGAR,
BANGALORE-560004
3. KRISHNAPPA DHANARAJ
S/O GUNDAPPA KRISHNAPPA,
AGED 56 YEARS,
R/AT NO.D-4, CSB STAFF QUARTERS,
VANIVILAS ROAD,
BASAVANAGUDI,
BANGALORE-560004
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4. SRINIVASA RAO CHAVAN
S/O SHIVAJI RAO CHAVAN,
AGED 50 YEARS,
TH
R/AT NO.63/10, 4 CROSS,
FLAT NO.204, II FLOOR,
SHALIMAR VIEW,
SRIRAMPURAM,
BANGALORE-560021
5.
T.B.SRINIVASA
S/O T.S BHAGAVANTHA GUPTHA,
AGED 51 YEARS,
ST
R/AT NO.18 AND 19, 1 FLOOR,
ND
II CROSS, 22 'B' MAIN,
J.P. NAGAR, V PHASE,
BANGALORE-560078
6. ANIL N NAVALI
S/O LATE SRINARAYAN,
AGED 48 YEARS,
R/AT NO.403, MYHOME APARTMENT,
II G-CROSS, OMBR LAYOUT,
BANASAWADI,
BANGALORE-560043
7. CHETAN BHARATH
S/O VISHNU BHARATH,
AGED 34 YEARS,
ND
R/AT NO.7/8, 2 FLOOR,
SHOVAKATH BUILDING,
S.J.P ROAD, BANGALORE-560002
8.
P.N. ASHOK KUMAR
S/O P. NANJAPPA SHETTY,
AGED 74 YEARS,
ST
R/AT NO.8, 1 MAIN,
VIJAYARANGAM LAYOUT,
SOUTH END ROAD,
BASAVANAGUDI,
BANGALORE-560004
9. S.NAGAMMA
W/O P. VEERABHADRAPPA,
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AGE 59 YEARS,
TH
R/AT NO.8, 4 CROSS,
CUBBONPET,
BANGALORE-560002
10. B.P. DAYANAND
S/O D.T. PUNDALIKA RAO,
AGE 59 YEARS,
S.S.PLYWOOD GANSS AND HARDWARE,
LLR (LALCHAND LAJPAT RAI ROAD)
GANDEN AREA,
SHIMOGA-577201
...PETITIONERS
(BY SRI. C.V.KUMAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE-560001
2. BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD,
KUMARA PARK WEST,
BANGALORE-560020
REP BY ITS COMMISSIONER
...RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. SACHIN B.S., ADVOCATE FOR RESPONDENT NO.2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO STRIKING DOWN RULE 9, 12,
13 OF BDA (ALLOTMENT OF SITES RULES) 1984 (ANNEXURE-D) AS
ARBITRARY, UNREASONABLE AND VIOLATIVE OF ARTICLES 14 AND
21 OF THE CONSTITUTION OF INDIA AND AS ULTRAVIRES AND
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UNCONSTITUTIONAL AND ARE UNENFORCEABLE AGAINST THE
PETITIONERS AND ETC.
IN WP NO. 32175/2017
BETWEEN:
MR. H.S. VASANTHA KUMAR
S/O LATE H.K. SUBRAMANYAM
AGED 66 YEARS
RESIDING AT NO.26/3, ESHWAR NAGAR,
ND ND
2 CROSS, BSK 2 STAGE
BENGALURU - 560070
...PETITIONER
(BY SRI. S. RAJASHEKAR, ADVOCATE FOR
SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK
BANGALORE - 560001
REPRESENTED BY ITS COMMISSIONER
...RESPONDENT
(BY SRI. B.G. SHANKAR RAO, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO
CONSIDER THE REPRESENTATION DATED 04.04.2017 AND THEREBY
DIRECT THEM TO REDUCE THE RATES OF THE SITE ON PAR WITH
THE PRICE OF SITES IN OTHER LAYOUTS, GRANT TIME FOR
BALANCE PAYMENT AND ALSO NOT TO LEVY ANY INTEREST FOR THE
EXTENDED PERIOD OF PAYMENT OF BALANCE AMOUNT VIDE
ANNEXURE-A.
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IN WP NO. 38329/2017
BETWEEN:
SMT. VIDYA L.N.
W/O H.R. SURESH
AGED ABOUT 45 YEARS,
R/AT NO.40, TEPE-3
CPRI COLONY,
NEW BEL ROAD
BANGALORE-560012
...PETITIONER
(BY SRI. S. RAJASHEKAR, ADVOCATE FOR
SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK
BANGALORE-560 001
REPRESENTED BY ITS COMMISSIONER
...RESPONDENT
(BY SRI. CHANDANA N SWAMY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO
CONSIDER THE REPRESENTATION DATED 20.01.2017 AND
24.01.2017 AND THEREBY DIRECT THEM TO REDUCE THE RATES OF
THE SITE AND FIX THE PRICE ON PAR WITH THE PRICE OF SITES IN
OTHER LAYOUTS, GRANT TIME FOR BALANCE PAYMENT AND ALSO
NOT TO LEVY ANY INTEREST FOR THE EXTENDED PERIOD OF
PAYMENT OF BALANCE AMOUNT VIDE ANNEXURE-A AND B.
IN WP NO. 38330/2017
BETWEEN:
1. B.S. MAHESHA
S/O SHEKAR M.C.
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AGED ABOUT 69 YEARS,
TH
NO.30, 7 CROSS,
CENTRAL EXCISE LAYOUT
BHOOPASANDRA RMV II STAGE,
SANJAYANAGAR
BANGALORE-560094
SINCE DEAD BY LRS
1(a) SMT. USHA
W/O LATE B.S.MAHESHA
AGED ABOUT 64 YEARS,
R/AT NO.368, SAILOCHANA,
R.T.NAGAR MAIN ROAD,
GANGANAGAR,
BENGALURU-560032.
1(b) SMT. LEENA ANANDASWAMY HIREMATH
D/O LATE B.S.MAHESHA,
AGED ABOUT 37 YEARS,
R/AT KUNDGOL (RURAL)
DHARWAD-581113.
...PETITIONERS
BY SRI. S. RAJASHEKAR, ADVOCATE FOR
SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK
BANGALORE-560 001
REPRESENTED BY ITS COMMISSIONER
...RESPONDENT
(BY SRI. GOUTHAMDEV C ULLAL, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO
CONSIDER THE REPRESENTATION DATED 05.04.2017 AND THEREBY
DIRECT THEM TO REDUCE THE RATES OF THE SITE AND FIX THE
PRICE ON PAR WITH THE PRICE OF SITES IN OTHER LAYOUTS
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FORMED BY THEM, GRANT TIME FOR BALANCE PAYMENT AND ALSO
NOT TO LEVY ANY INTEREST FOR THE EXTENDED PERIOD OF
PAYMENT OF BALANCE AMOUNT VIDE ANNEXURE-A.
IN WP NO. 41662/2017
BETWEEN:
1.
SRI. A.S. VISHNU BHARATH
S/O A. SATHYANARAYAN
AGED ABOUT 65 YEARS
TH
NO.450, 7 MAIN,
TH
4 BLOCK, JAYANAGAR,
BANGALORE 560011.
2.
SRI. K.B. RAMESHA
S/O K.H. BASAVARAJU
AGED 46 YEARS,
NO.7, DOOR NO.202,
II FLOOR, V MAIN,
TH
14 CROSS, LAKKASANDRA EXTENSION,
BANGALORE 560030.
3. SRI. S.R. MAHESHA
AGED ABOUT 55 YEARS
S/O S.R. RAJAIAH
TH
NO.141, 17 CROSS,
TH
11 MAIN ROAD,
SHAKAMBARINAGAR, I PHASE,
JP NAGAR, BANGALORE - 560078.
...PETITIONERS
(BY SRI. SUBRAMANYA PRASAD T.V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560001.
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2. BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD,
KUMARA PARK WEST
BANGALORE - 560020
REP: BY IT'S COMMISSIONER.
...RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. B.S. SACHIN, ADVOCATE FOR RESPONDENT NO.2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN RULE 9, 12
AND 13 OF BDA (ALLOTMENT OF SITES RULES), 1984 (ANNEXURE-
C) AS ARBITRARY, UNREASONABLE AND VIOLATIVE OF ARTICLES 14
AND 21 OF THE CONSTITUTION OF INDIA AND AS ULTRAVIRES AND
UNCONSTITUTIONAL AND ARE UNENFORCEABLE AGAINST THE
PETITIONERS AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
In W.P.No.17376/2017, the petitioner has sought for a
writ in the nature of mandamus to direct respondent No.1 -
Bengaluru Development Authority to grant extension of time to
pay the balance amount, until all infrastructure and amenities
are provided by the respondent No.1 in the layout and not to
charge any penal interest for the time extended.
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2. In W.P.No.17377/2017 the petitioner has sought for
a writ in the nature of mandamus to direct respondent No.1 -
Bengaluru Development Authority to grant extension of time to
pay the balance allotment price until all infrastructure and
amenities are provided by the respondent No.1 in the said
layout and not to charge any penal interest for the time
extended.
3. In W.P.No.17378/1017 the petitioner has sought for
a writ in the nature of mandamus to direct respondent No.1 -
Bengaluru Development Authority to grant extension of time to
pay the balance allotment price in a staggered manner, until all
infrastructure and amenities are provided by the respondent
No.1 - BDA in the layout and not to charge any penal interest
for the time extended.
4. In W.P.No.30084/2017 the petitioners have sought
for a writ or order striking down Rules 9, 12 and 13 of BDA
(Allotment of sites Rules) 1984 (Annexure -D) as arbitrary,
unreasonable and violative of Articles 14 and 21 of the
Constitution of India and unenforceable against the petitioners.
They have also sought for a writ in the nature of mandamus to
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direct respondent No.2 - BDA to extend the time for paying the
balance of allotment price till such time the said layout is
developed and all required infrastructure and amenities are
provided in the said layout and not to charge any interest for
such extended time and to reduce the cost of sites as prayed in
their representations Annexures - B to B9.
5. In W.P.No.32175/2017 the petitioner has sought for
a writ in the nature of mandamus to direct the respondent -
BDA to consider his representation dated 04.04.2017 and
reduce the allotment price of the site on par with the price of
sites in other layouts, grant time for balance payment and also
not to levy any interest for the extended period.
6. In W.P.No.38329/2017 the petitioner has sought for
a writ in the nature of mandamus to direct the respondent to
consider her representations dated 20.01.2017 and 24.01.2017
and reduce the allotment price of the site and determine the
price of the sites on par with the price of sites in other layouts,
grant time for balance payment and also not to levy any
interest for the extended period for payment of balance
amount.
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7. In W.P.No.38330/2017 the deceased petitioner has
sought for a writ in the nature of mandamus to direct the
respondent to consider the representation dated 05.04.2017
and thereby direct it to reduce the allotment price of the site
and fix the price on par with the price of sites in other layouts
formed by it, grant time for balance payment and also not to
levy any interest for the extended period for payment of
balance amount.
8. In W.P.No.41662/2017 the petitioners have sought
for a writ or order striking down Rules 9, 12 and 13 of BDA
(Allotment of sites Rules) 1984 (Annexure -D) as arbitrary,
unreasonable and violative of Articles 14 and 21 of the
Constitution of India and as ultravires and unconstitutional and
are unenforceable against the petitioners. They have also
sought for a writ in the nature of mandamus to direct
respondent No.2 - BDA to extend the time to the petitioners for
making payment of balance amount to the BDA in respect of
site allotted to the petitioners as per Annexures - A, A1 and A2
at Nadaprabhu Kempegowda Layout till such time the said
layout is developed and all the required infrastructure and
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amenities are provided in the said layout and not to charge any
interest for such extended time for payment of balance amount
and to reduce the cost of sites as prayed in petitioners
representations Annexures - B, B1 and B2.
9. (i) The petitioners in all these petitions are all
allottees of sites by the Bengaluru Development Authority in
Nadaprabhu Kempegowda Layout. It appears that the
petitioners had paid the initial deposit towards allotment of the
sites and after the sites were allotted, paid 12.5% of the
allotment price. However, since the layout was not complete in
all respects, the petitioners did not pay the balance allotment
price. In the meanwhile, Bengaluru Development Authority,
relying upon Rule 13 of the Bengaluru Development Authority
(Allotment of sites Rules) 1984, insisted that the petitioner/s
pay the allotment price along with interest at 21% per annum.
(ii) The petitioner/s contend that the Bengaluru
Development Authority is bound to develop the layout in all
respects and only thereafter allot the sites. However, insofar as
Nadaprabhu Kempegowda Layout, is concerned, the Bengaluru
Development Authority had hardly developed any
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infrastructure, such as roads, drainage, water supply and
electricity and therefore the petitioner/s were not in a position
to undertake any developmental activity on the sites so
allotted.
10. The petitioners are therefore before this Court
seeking for a direction to the Bengaluru Development Authority
to extend the time for payment of the balance allotment price
until the amenities and infrastructural facilities are provided in
the layout. This Court, in terms of an order dated 13.08.2026,
directed inspection of the sites allotted to the petitioner/s to
verify whether all infrastructural facilities are provided.
11. The learned counsel for the Bengaluru Development
Authority has placed on record a few photographs of the
infrastructure provided in respect of the sites allotted to the
petitioner/s in W.P.Nos.17377/2017 and 17378/2017. He
contends that the developmental work is underway and
substantial improvement is carried out in the layout. He also
contends that the acquisition of land for Nadaprabhu
Kempegowda Layout was questioned before this Court and a
Co-ordinate Bench of this Court had quashed the acquisition,
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which was thereafter reversed by the Division Bench of this
Court in W.A.No.1783/2014 and connected appeals. He
therefore contends that there was a delay in providing
infrastructural facilities and other amenities in the layout. He
however contends that the petitioner/s could still pay the
balance allotment price along with the interest as prescribed
under the Bengaluru Development Authority (Allotment of
Sites) Rules, 1984.
12. The allotment of sites to the petitioner/s in these
cases by the Bengaluru Development Authority is not in
dispute. It is also not in dispute that the acquisition for
formation of Nadaprabhu Kempegowda Layout was questioned
in W.P.No.32186/2010 c/w W.P.No.40644-645/2011 and other
connected matters, where the Co-Ordinate bench of this Court
in terms of the order dated 11.07.2014 quashed the
acquisition. This was challenged by the Bengaluru Development
Authority before the Division Bench in W.A.No.1783/2014 and
connected appeals. These appeals were allowed on 22.02.2024
and the acquisition for formation of Nadaprabhu Kempegowda
Layout was upheld. Therefore, even if the allotment of sites
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was made to the petitioner/s during the years - 2014, 2015 or
2016 and 2017, the Bengaluru Development Authority could
not have proceeded with the acquisition, as the acquisition was
set at nought by the Co-ordinate Bench of this Court. The
Bengaluru Development Authority could take up developmental
activities only after 22.02.2024, when W.A.No.1783/2014 and
other connected appeals were disposed off.
13. As rightly contended by learned counsel for the
petitioners, as per Section 31 of the Bengaluru Development
Authority Act, 1976, the Bengaluru Development Authority
could not sell or otherwise dispose off sites until all the
improvements specified in Section 30 of the Bengaluru
Development Authority Act, 1976 is substantially provided for.
Therefore, the petitioner/s cannot be held responsible for the
delay in payment of the balance allotment price, as they were
clueless as to whether they would ultimately get the sites
allotted to them. However, since the Division Bench of this
Court upheld the acquisition in W.A.No.1783/2014 and other
connected appeals on 22.02.2024, the petitioner/s are bound to
pay the balance allotment price.
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HC-KAR
NC: 2026:KHC:46578
WP No. 17376 of 2017
C/W WP No. 17377 of 2017
WP No. 17378 of 2017
AND 5 OTHERS
CNR: KAHC010043712017
14. In that view of the matter, the Bengaluru
Development Authority is bound to extend the time for
payment of the balance allotment price from the date of
allotment till the judgment passed in W.A.No.1783/2014 and
connected appeals. As regards, the liability of the petitioner/s
to pay the allotment price, they were bound to pay the balance
allotment price within a reasonable time from 22.02.2024,
when the acquisition was upheld. Since the petitioner/s have
not taken any steps in that regard, the petitioner/s are bound
to pay interest from the date of the judgment of the Division
Bench passed in W.A.No.1783/2014 and connected appeals on
22.02.2024.
15. Having regard to the fact that under Rule 13 of the
Bengaluru Development Authority (Allotment of Sites) Rules,
1984, any delay beyond a period of 30 days from the date of
extended period would attract interest at the rate of 18% per
annum. After taking into consideration of the above finding, it
would be appropriate to direct the petitioners to pay interest on
the balance allotment price at the rate of 15% per annum from
22.02.2024 till the date of payment.
- 20 -
HC-KAR
NC: 2026:KHC:46578
WP No. 17376 of 2017
C/W WP No. 17377 of 2017
WP No. 17378 of 2017
AND 5 OTHERS
CNR: KAHC010043712017
16. In view of the above all these petitions are allowed
in part . The petitioners are directed to pay the balance
allotment price to the respondent No.1 along with interest at
the rate of 15% per annum from 22.02.2024 till the date of
payment. The aforesaid payment shall be made within a period
of three months from the date of receipt of a copy of this order.
Upon receipt of the payment, Bengaluru Development Authority
shall execute the necessary deeds of conveyance in respect of
the sites allotted to the petitioner/s.
17. It is made clear that if the petitioner/s do not avail
this opportunity, within the aforesaid period, the allotments
made in their favour shall stand cancelled, and it would be open
for the Bengaluru Development Authority to take necessary
steps to re-allot the sites to any other applicant within three
months thereafter.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 5