BDA bound to execute sale deed based on undertaking in affidavit despite seniority or marginal land disputes.

The Respondent was allotted Site No. 973 in Sir M. Vishwesharaiah Layout, Bengaluru, but the Bangalore Development Authority (BDA) failed to execute the Sale Deed.

In a 2009 Writ Petition, the Court directed BDA to consider the Respondent’s claim within three months.

While a similarly situated applicant (the Respondent’s brother-in-law) received his Sale Deed in 2012, the Respondent did not, leading to a second Writ Petition (W.P. No. 4180/2017).

During those proceedings, the BDA filed an affidavit on 29.03.2021 admitting the allotment but stating that the Respondent must pay for an additional 33.75 sq. meters of "marginal land".

The learned Single Judge subsequently ordered BDA to execute the deed upon payment of Rs. 3,48,754/- for the site and the guidance value for the marginal land.

The BDA appealed, contending that no formal allotment letter existed and that seniority was not followed.

1. Whether the BDA can deny the execution of a Sale Deed on the grounds of seniority and lack of an allotment letter after previously filing an affidavit admitting the allotment.

2. Whether the Respondent is liable to pay the updated market value for the marginal land as calculated by the BDA in 2026.

The Court primarily applied the principle of Evidentiary Estoppel regarding the BDA’s shift in stance from its 2021 affidavit.

Section 4 of the Karnataka High Court Act, 1961, governing intra-court appeals from the orders of a Single Judge.

Principle of Parity and Non-Discrimination, noting that contemporaneous applications must be treated equally regarding allotment and pricing, regardless of alleged seniority issues once an allotment is admitted.

The Court rejected the BDA’s arguments regarding seniority and the absence of an allotment letter, noting that the BDA’s own affidavit dated 29.03.2021 categorically stated that the site had been allotted and the deed would be executed upon payment for the marginal area.

The Court held that the BDA cannot be permitted to file a subsequent affidavit "controverting its earlier stand".

Regarding seniority, the Court found the argument unsustainable because the Respondent and his relative applied on the same date for similar sites; since the relative’s deed was executed in 2012, the Respondent was entitled to the same treatment.

The Court reconciled the financial dispute by adopting the BDA’s 2026 calculation for the marginal land value (Rs. 9,07,875/-) and the original site value, to which the Respondent consented to ensure finality.

The BDA must execute the Sale Deed upon the Respondent paying: (i) Rs. 3,48,754/- for the original site, (ii) Rs. 9,07,875/- for the 33.75 sq. meter marginal land, and (iii) Rs. 40,000/- for the alternate site within eight weeks, and the BDA were directed to register the Sale Deed within six weeks thereafter.

All pending applications and the associated contempt proceedings (CCC No. 234/2022) were effectively resolved by this order.