JOIN USHearing a bunch of petitions challenging the cancellation of allotment of sites, Justice Abdul S Nazeer also directed the BDA commissioner to take action against errant officials who have taken CA (civic amenity) sites and bifurcated them. The court also quashed the orders cancelling the allotment of sites.
In the main petition, K Raju had challenged the cancellation of allotment of his site in Sector 5 of HSR Layout. The site measuring 80x50 was originally allotted to Kumar Bangarappa under G category on June 13, 2007, for a price of Rs 8.58 lakh and a sale deed was issued on June 20, 2007.
Three days later, the site was sold to Madhu Dondiba for Rs 85 lakh. Further on November 7, 2007, the plot was sold to the petitioner K Raju for a sum of Rs 1.20 crore. However, on July 31, 2008, the BDA cancelled the allotment stating that the site was to be used for commercial purposes.
According to two other petitions, the sites were allotted by the BDA to the petitioners, and then they were given alternate sites as the original sites in one case had unauthorised construction and the other was under litigation. Even after issue of sale deeds and the khata, the BDA issued notice to them and cancelled the allotment of both sites in 2009. The BDA had appointed a vigilance committee to look into allotment of sites after September 29, 2003.
The petitioners had sought the quashing of the cancellation orders of the BDA stating that it was an arbitrary decision on part of the BDA to cancel the sites and that they had no authority to do so.