Case Note & Summary
The petitioner, S. Lalithamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 26.05.2011 passed by the Bangalore Development Authority (BDA) cancelling the allotment of a house site. The petitioner's husband had applied for a site measuring 30x40 sq. ft. After his death on 13.12.2006, the BDA allotted a site measuring 40x60 sq. ft. to the petitioner upon payment of the full sale consideration. A registered sale deed was executed on 27.07.2004, and the petitioner was put in possession. She had been paying property taxes regularly. However, on 26.05.2011, the BDA cancelled the allotment on the ground that the application was for a smaller site and a larger site was allotted by mistake. The petitioner contended that the cancellation was without any notice or opportunity of hearing, violating principles of natural justice. The court observed that the BDA had not issued any show-cause notice before cancelling the allotment. The court held that the impugned order was passed in gross violation of natural justice and quashed it, allowing the writ petition. The court directed that the petitioner be allowed to enjoy the site in accordance with law.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Allotment - Right of Hearing - Bangalore Development Authority (Allotment of Sites) Rules, 1984 - The BDA cancelled the allotment of a site on the ground of mistake in size without giving any notice or opportunity of hearing to the petitioner, who had already obtained a registered sale deed and was in possession. The court held that such cancellation without hearing is violative of principles of natural justice and cannot be sustained. (Paras 1-4) B) Property Law - Allotment of Site - Sale Deed - Title - The petitioner's husband applied for a 30x40 ft site but was allotted a 40x60 ft site after payment of full sale consideration. A registered sale deed was executed in 2004 and the petitioner was put in possession. The court held that the petitioner had acquired valid title and the BDA could not unilaterally cancel the allotment after seven years without hearing. (Paras 1-3)
Issue of Consideration
Whether the cancellation of allotment of a house site by the Bangalore Development Authority without affording an opportunity of hearing to the allottee is sustainable in law.
Final Decision
Writ petition allowed. Impugned order dated 26.05.2011 quashed. Petitioner to be allowed to enjoy the site in accordance with law.
Law Points
- Natural justice
- Right of hearing
- Cancellation of allotment without notice
- Bangalore Development Authority (Allotment of Sites) Rules
- 1984
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
