Former MLA’s Widow Cannot Compel BDA G-Category Site On Late Husband’s Request; None Was Allotted Before 2015 Rule Change, Karnataka HC Says

The petitioner’s husband, a former MLA, sought allotment of a 50' × 80' site under Category G by representations dated 27 July 2012 and 17 September 2013.

He died on 15 November 2013 without receiving an allotment.

In an endorsement dated 24 September 2024, the BDA advised her to apply when a notification under Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 was issued.

She challenged the endorsement and sought consideration of the earlier representations and allotment under the rules in force in 1999.

The Court applied Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984, as substituted with effect from 20 May 2015.

Under the substituted rule, stray sites are offered through a notified process; Category G applications are scrutinised by the BDA and submitted to the Government for approval before allotment.

The Court held that where no Category G site had been allotted to the applicant before the rule change, a pending request did not entitle the applicant or a successor to compel allotment under the former procedure; an application must instead be made under the procedure currently in force.

The husband’s representations were made in 2012 and 2013, but he died before any site was allotted.

By the time the substituted Rule 5 took effect on 20 May 2015, no Category G site had been allotted to him or the petitioner.

The Court therefore concluded that the petitioner could not require the BDA to apply the former Category G procedure or direct an allotment on the basis of the earlier representations.

The endorsement correctly advised her to apply when the BDA issued a notification under Rule 5.

The writ petition was dismissed, with liberty to the petitioner to apply for a Category G site whenever the BDA issued a notification under Rule 5.