<p>“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 High Court said while passing an interim order restraining Bangalore Development Authority (BDA) from auctioning any sites, corner sites or otherwise, at Arkavathy Layout until further orders.</p>.<p>Justice Suraj Govindaraj passed this order on a petition filed by an allottee in Arkavathy Layout.</p>.<p>The petition is filed by Indumathi Babu Shekar and her son Hemanth Babu Shekar, legal heirs of G Babu Shekar, in whose favour BDA had executed an absolute sale deed for a site on February 7, 2017.</p>.<p>The site measuring 4,000 sq ft is situated at 7th block, Arkavathy Layout in Jakkur village.</p>.<p>Meanwhile, in 2021 the petitioners came to know that the BDA was taking up construction of a road across their site.</p>.<p>When enquired, the BDA officials informed them that due to some mistake sites were formed within the buffer zone of a secondary nala and hence they were modifying the layout plan. The petitioners were also informed that BDA would allot an alternative site in Nadaprabhu Kempegowda Layout, around 35 km from Arkavathy Layout.</p>.<p>The petitioners contended before the Karnataka High Court that instead of auctioning the sites in Arkavathy Layout to third parties, BDA could have allotted sites to the allottees.</p>.<p>Pointing to the High Court order in September last year in regard to Arkavathy Layout’s redo issue, Justice Suraj Govindaraj said that the sites in any other layout shall be allotted in the event of such sites not being available in Arkavathy Layout.</p>.<p>Justice Suraj Govindaraj also said that 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 the existing allottees are sorted out.</p>.<p>“The preference of allotment, in my considered opinion, ought to be given to the allottees who have already been allotted sites instead of bringing new persons as auction purchasers, thereby increasing the litigation pertaining to the 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 high court said.</p>.<p>The case has been posted to June 7.</p>
<p>“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 High Court said while passing an interim order restraining Bangalore Development Authority (BDA) from auctioning any sites, corner sites or otherwise, at Arkavathy Layout until further orders.</p>.<p>Justice Suraj Govindaraj passed this order on a petition filed by an allottee in Arkavathy Layout.</p>.<p>The petition is filed by Indumathi Babu Shekar and her son Hemanth Babu Shekar, legal heirs of G Babu Shekar, in whose favour BDA had executed an absolute sale deed for a site on February 7, 2017.</p>.<p>The site measuring 4,000 sq ft is situated at 7th block, Arkavathy Layout in Jakkur village.</p>.<p>Meanwhile, in 2021 the petitioners came to know that the BDA was taking up construction of a road across their site.</p>.<p>When enquired, the BDA officials informed them that due to some mistake sites were formed within the buffer zone of a secondary nala and hence they were modifying the layout plan. The petitioners were also informed that BDA would allot an alternative site in Nadaprabhu Kempegowda Layout, around 35 km from Arkavathy Layout.</p>.<p>The petitioners contended before the Karnataka High Court that instead of auctioning the sites in Arkavathy Layout to third parties, BDA could have allotted sites to the allottees.</p>.<p>Pointing to the High Court order in September last year in regard to Arkavathy Layout’s redo issue, Justice Suraj Govindaraj said that the sites in any other layout shall be allotted in the event of such sites not being available in Arkavathy Layout.</p>.<p>Justice Suraj Govindaraj also said that 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 the existing allottees are sorted out.</p>.<p>“The preference of allotment, in my considered opinion, ought to be given to the allottees who have already been allotted sites instead of bringing new persons as auction purchasers, thereby increasing the litigation pertaining to the 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 high court said.</p>.<p>The case has been posted to June 7.</p>
