The Hindu : Karnataka News : High Court dismisses BDA appeals

Online edition of India's National Newspaper
Thursday, Mar 03, 2005

Karnataka

Karnataka

High Court dismisses BDA appeals

By Our Staff Reporter

BANGALORE, MARCH 2. The Karnataka High Court has observed that the objective of the Bangalore Development Authority (BDA) in prescribing rules that more than one member of a family will not be allotted a site is laudable, but allotment of a site in favour of the husband as well as the wife could not be countenanced.

A Division Bench comprising Justice S.R. Nayak and Justice Ajit G. Gunjal made the observation while hearing a petition challenging an order of the BDA in cancelling a site, saying that the allottee had not disclosed that her husband had been allotted a site earlier.

The petitioner, Sumitradevi, was allotted a site by the BDA in 1978. She built a house on the site and submitted several applications to the BDA for grant of clearance certificates.

In 1996, the BDA issued a notice to her stating that her husband had been allotted a site and this had been suppressed in her application for a site. Sumitradevi, however, submitted that she was unaware of this. Besides, she had separated from her husband.

On July 23 1999, the BDA directed her to hand over possession of the site, following which she moved the High Court. The Bench observed that the petitioner had gone through all the formalities of the BDA. It said the BDA had not objected when she had applied.

Moreover, it had issued a notice after several years.

It felt this was not a fit case to interfere and dismissed the appeals by the BDA.

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