Case Note & Summary
The petitioner, Smt. N. Dhakshayini, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent, Bangalore Development Authority (BDA), to allot and sell one of the vacant sites bearing Nos. 50A, 50B, or 50C in Nandini Layout, Bangalore, as per the coloured plan annexed, and to recover any difference in price between the site taken from the petitioner and the alternate site. The petitioner's vendor-in-title, M. Devaraju, was originally allotted site No. S61 in Nandini SFHS Layout, measuring 119.73 sq. meters, by the BDA through a deed of conveyance dated 25.06.2004. The vendor subsequently conveyed the site to the petitioner under a deed of conveyance dated 24.08.2005 for valuable consideration. It was not in dispute that the BDA, without notice to the petitioner or following due process, took possession of the site for road widening purposes. The court noted that the BDA had not issued any notice to the petitioner before taking possession. The court held that the petitioner, having purchased the site from the original allottee, is entitled to an alternate site from the available vacant sites in the layout. The court directed the BDA to allot one of the vacant sites bearing Nos. 50A, 50B, or 50C in Nandini Layout to the petitioner within four weeks from the date of receipt of the order. The court further directed that the price of the alternate site shall be the same as the price paid by the original allottee for site No. S61, and the BDA shall not recover any difference in price. The writ petition was disposed of accordingly.
Headnote
A) Property Law - Alternate Site - Entitlement - Petitioner purchased site from original allottee of BDA - Original site acquired for road widening without notice - BDA directed to allot alternate site from available vacant sites - Held that petitioner is entitled to alternate site at the same price as original allotment, and BDA cannot recover price difference (Paras 1-4).
Issue of Consideration
Whether the petitioner, who purchased a site from the original allottee of BDA, is entitled to an alternate site when the original site was acquired for road widening without notice, and whether the BDA can recover the difference in price between the original and alternate site.
Final Decision
The court directed the BDA to allot one of the vacant sites bearing Nos. 50A, 50B, or 50C in Nandini Layout to the petitioner within four weeks from the date of receipt of the order. The price of the alternate site shall be the same as the price paid by the original allottee for site No. S61, and the BDA shall not recover any difference in price. The writ petition was disposed of.
Law Points
- Doctrine of legitimate expectation
- Right to alternate site upon acquisition
- Duty to provide notice before taking possession
- Entitlement to price difference recovery
