Case Note & Summary
The petitioner, Sri Manjunath Shetty, purchased site No.196/B in HSR Layout, Bangalore, from the original allottee. The Bangalore Development Authority (BDA) issued a cancellation order dated 27.02.2015 terminating the allotment of the site without any prior notice or opportunity of hearing to the petitioner. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the cancellation order. The court noted that the impugned order was passed in violation of the principles of natural justice, as the petitioner was not heard before the decision was made. The court held that the BDA's action was unsustainable and quashed the cancellation order, directing the BDA to hear the petitioner and pass a fresh order in accordance with law. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Allotment - The BDA cancelled the allotment of a site without issuing any notice or affording an opportunity of hearing to the petitioner, who had purchased the site from the original allottee. The court held that the impugned order was passed in violation of principles of natural justice and quashed the same, directing the BDA to hear the petitioner before passing any fresh order. (Paras 1-4) B) Property Law - Transfer of Property - Rights of Purchaser from Original Allottee - The petitioner, as a purchaser of the site from the original allottee, had a legitimate expectation of being heard before the cancellation of the allotment. The court recognized that the petitioner's interest in the property was affected by the cancellation order. (Paras 1-4)
Issue of Consideration
Whether the cancellation of allotment of a site by the BDA without affording an opportunity of hearing to the petitioner, who is a purchaser from the original allottee, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned cancellation order dated 27.02.2015 (Annexure-E) is quashed. The BDA is directed to hear the petitioner and pass a fresh order in accordance with law, within four weeks from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Natural justice
- Audi alteram partem
- Cancellation of allotment without notice
- Writ of certiorari
- Bangalore Development Authority Act
