BENGALURU: Observing that Bangalore Development Authority (BDA) cannot act as a private real estate company to maximise profit by auctioning corner sites but have empathy to resolve disputes of existing allottees, the Karnataka high court restrained it from auctioning any sites, corner or otherwise, in the Arkavathy Layout until grievances are resolved.
Justice Suraj Govindaraj passed the order after hearing a petition filed by Indumathi Babu Shekar and her son Hemanth Babu Shekar, the legal heirs of G Babu Shekar. By an absolute sale deed of February 7, 2017, he had become sole and absolute owner of 4,000sqft Site No. 1524 in Arkavathy Layout, 7th block, Jakkur village. Babu Shekar died on August 10, 2020.
When the petitioners learnt that BDA was forming a road on their site, they approached it. The BDA officials told them that after coming to know about the mistake vis-avis forming sites in the buffer zone of a secondary nala, they modified the layout plan. The petitioners were told that BDA would allot alternative sites in Nadaprabhu Kempegowda Layout, which is 35km away. Deepak Bhaskar, counsel for petitioners, argued that BDA could have allotted sites within Arkavathy Layout, instead of auctioning them to third parties.
If unavailable in layout, allot sites elsewhere: HC
According to Deepak Bhaskar, counsel for petitioners, BDA should first explore that possibility before allotting sites in Nadaprabhu Kempegowda Layout.
Justice Govindaraj n oted that in the Arkavathy L ayout judgment last September, the high court said BDA should consider claims of all those allotted sites in Arkavathy Layout but later cancelled due to redo exercise and allot sites to the m expeditiously and within three months from receipt of the order copy.
He pointed out that if sites are not available in Arkavathy Layout, they should be allotted sites in any other layout within the timeframe.
“When there are several issues relating to allottees pending resolution and those allottees are being made to run from pillar to post and are approaching this court seeking various reliefs, it would not be to any one’s benefit if the BDA is permitted to go on with auctioning corner sites or otherwise until the issues relating to existing allottees are sorted out. The preference of allotment, in my considered opinion, ought to be giv en to allottees who have already been allotted sites instead of bringing new p ersons a s a uction purchasers thereby increasing the litigation pertaining to Arkavathy Layout. The BDA cannot act as a private real estate company to maximise the profit by auctioning corner sites but has to have empathy to resolve the dispute of existing allottees,” the judge observed.
As counsel for BDA requested for a week’s time to get instructions on how the petitioners’ grievance could be resolved, the matter was adjourned to June 7.
