Case Note & Summary
The petitioner, Smt. A.N. Jayalakshmi, applied to the Bangalore Development Authority (BDA) for allotment of a site under the Economically Weaker Section (EWS) category as per the BDA (Allotment of Sites) Rules, 1984. In response, the BDA allotted site No.1680 at VII Block, SMV Nagara, Bangalore, and sent an allotment intimation dated 06.02.2004. The petitioner deposited the balance sital value of Rs. 49,900/- on 15.04.2004. Subsequently, the BDA issued a show cause notice dated 19.10.2005 alleging that the petitioner was not eligible for the EWS category as she was residing in government quarters with her husband, a government servant, and the family income exceeded Rs. 11,800/- per annum. After considering the reply, the BDA passed a cancellation order dated 18.02.2006 (Annexure-E). The petitioner filed the present writ petition on 08.02.2013, nearly seven years later, seeking to quash the cancellation order and to direct the BDA to execute a registered sale deed or allot an alternate site. The BDA opposed the petition, contending that the petitioner had misrepresented her eligibility and that the cancellation was valid. The court observed that the petitioner had not disclosed her husband's government employment and income, and the family income exceeded the EWS limit. The court also noted the inordinate delay of seven years in filing the petition without any explanation. Relying on the principle that writ jurisdiction is discretionary and must be exercised promptly, the court held that the petition was liable to be dismissed on the ground of delay and laches. The court further held that the cancellation order was justified as the petitioner had misrepresented her eligibility. Consequently, the writ petition was dismissed.
Headnote
A) Administrative Law - Cancellation of Allotment - Misrepresentation - BDA (Allotment of Sites) Rules, 1984 - The petitioner applied for a site under the Economically Weaker Section category but was found to be ineligible as her family income exceeded the prescribed limit of Rs. 11,800/- per annum and she resided in government quarters with her husband, a government servant. The Bangalore Development Authority issued a show cause notice and cancelled the allotment. The court held that the cancellation was justified as the petitioner had misrepresented her eligibility and the writ petition filed after seven years was liable to be dismissed on the ground of delay and laches. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Delay and Laches - Articles 226 and 227 of the Constitution of India - The petitioner challenged the cancellation order dated 18.02.2006 by filing a writ petition on 08.02.2013, i.e., after nearly seven years. The court held that the unexplained delay in approaching the court disentitled the petitioner to any relief, as the writ remedy is discretionary and must be exercised promptly. (Para 3)
Issue of Consideration
Whether the cancellation of site allotment by the Bangalore Development Authority on the ground of misrepresentation of the petitioner's economic status is valid and whether the writ petition is maintainable after an inordinate delay.
Final Decision
The writ petition is dismissed. The cancellation order dated 18.02.2006 is upheld. No order as to costs.
Law Points
- Misrepresentation of eligibility
- Cancellation of allotment
- Writ jurisdiction
- Delay and laches
- BDA (Allotment of Sites) Rules
- 1984
