- 1 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REVIEW PETITION NO.439 OF 2024 IN WRIT PETITION NO.26321 OF 2018 (BDA) BETWEEN: H. SHIVANNA S/O LATE HONNAPPA AGED ABOUT 69 YEARS THYARANAPALLYA VILLAGE MANIGANAHALLI (POST) KUDUR HOBLI, MAGADI (TQ) RAMANAGARA (DIST)-562 127. …PETITIONER (BY SRI R.M. PRAKASH, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMAR PARK WEST BANGALORE - 560 020. …RESPONDENT (BY SRI VINAYAKA S. PANDIT, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC., PRAYING TO PASS AN ORDER ALLOWING THE PRESENT REVIEW PETITION SEEKING REVIEW OF THE ORDER DATED 14.08.2024 PASSED BY THIS HON'BLE COURT IN W.P.NO.26321/2018 (BDA)., ETC. THIS PETITION, COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 ORAL ORDER 1. The review petition is filed on the ground that the writ petition has been dismissed without taking into consideration the amendment that has been brought about to Rule 13 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. It is submitted that by mistake the petitioner was not aware of the amended Rule, and hence, he did not bring it to the notice of the Court. It is also submitted that if the said Rule is considered, then in that event, the writ petition will have to be allowed. It is contended that there is an error apparent on the face of the record as the writ petition has been dismissed by considering the unamended Rule 13. 2. Per contra, the learned counsel for the respondent- BDA submits that though the writ petition was dismissed taking into consideration the unamended Rule 13, even the amended Rule 13 does not come to the rescue of the petitioner as the same is not applicable to the petitioner. - 3 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 3. The petitioner belongs to Scheduled Caste. He was allotted a site measuring 15 X 24 meters by the respondent-BDA. He did not pay the entire sale consideration within the prescribed period of 90 days. He was allotted the said site on 20.10.2016 in Nadaprabhu Kempegowda Layout. The said allotment has not been cancelled till today by the BDA for non-payment of the balance sale consideration, though a notice is issued in this regard subsequent to filing of the writ petition. However, on 17.04.2017, the petitioner submitted a representation to the BDA to grant him three years' time from the date of allotment to pay the balance sale consideration amount. The same has been rejected. Subsequently, Rule 13 has been amended on 19.02.2018. The amended Rule 13 now reads as under: "13. Conditions of allotment and sale of site.-The allotment of a site under these rules shall be subject to the following conditions: 2[(1) The allottee shall, within a period of sixty days from the date of receipt of notice of allotment pay to the Authority, the balance sital value deducting the initial deposit. If the balance sital value is not paid within a - 4 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 period of sixty days, the Authority may on application of the allottee, extend the time for payment for a further period not exceeding one hundred twenty days as a final chance and the allottee shall pay an additional interest at the rate of eighteen per cent on the balance sital value for the first thirty days of the extended period and at the rate of twenty-one per cent for the next ninety days of the extended period. If the amount is not paid within such extended period also, the registration fee shall be liable to be forfeited and the allotment may be cancelled without prior intimation:] 3[Provided that where an allottee is a person belonging to.- (a) the Scheduled Castes and Scheduled Tribes, 4[Category I], or to a family of a defence personnel killed or disabled during hostilities and who has been allotted a site of 6x9 M and 9x12 M or 12x18 M dimensions; or (b) belonging to economical weaker section of the society as notified by Government from time to time, and who has been allotted a site of 6x9 M dimension, the balance of the value of the site required to be paid under this sub-rule shall be paid by him or her without interest, within a period of three years in equal annual installments from the date of receipt of the notice of allotment: - 5 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 5[Provided further that, where an allottee of Nadaprabhu Kempegowda Layout is a person belonging to: (a) The Schedule Castes and Scheduled Tribes or Category-1 who has been allotted a site of 15 x 24 meters, the allottee, if not remitted shall within a period of one year from the date of commencement of the Bengaluru Development Authority (Allotment of Sites) (Amendment) Rules, 2018, pay 50% to the Authority, the balance sital value deducting the initial deposit, 25% on second year and another 25% on third year totally, three installments in three years; ________________________________________________________ 1. Proviso inserted by Notification No. UDD 267 MNJ 2017, dated 17-8-2017, w.e.f. 21-9-2017 2. Sub-rule (1) substituted by Notification No. UDD 74 MNJ 2007, dated 19-11-2008, w.e.f. 16-12-2008 3. Provisos shall be and shall always be deemed to have been substituted from 1-1-2002 by Notification No. UDD 09 MNJ 2005, dated 16-3-2005 4. Substituted for the words Backward Tribes" by Notification No. UDD 265 MNJ 2014, dated 7-10-2015, dated 8-10-2015 5. Proviso inserted by Notification No. UDD 410 MNJ 2017, w.e.f. 19-2-2018, w.e.f. 19-2-2018 (b) If the balance sital value is not paid within such extended period also, the registration fee shall be liable to forfeiture and the allotment cancelled without prior intimation." Provided that in case of allotment made from 1-1- 2002 till the date of publication of these rules the balance of the value of the site required to be paid under this rule shall be paid by him or her without interest within a period of six months from the date receipt of the notice.] - 6 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 1[(2) After payment under sub-rule (1) is made, the Authority shall call upon the allottee to execute a lease- cum-sale agreement in Form III. If the allottee fails to execute the lease-cum-sale agreement within 60 days after the authority has called upon him to execute such agreement, the registration fee paid by the allottee may be forfeited, and the allotment of the site cancelled, and the amount paid by the allottee, may be refunded by the Authority after deducting such expenditure as might have been incurred by the authority: Provided that the authority may on application of the allottee permit him/her to execute a lease-cum-sale agreement in Form III in the joint name of the allottee and him/her spouse.] 2[(2-A) Wherever the allottee is married, the lease- cum-sale agreement in Form III shall be executed jointly in the name of the allottee and his/her spouse.] 3[(3) Every allottee shall construct a building on the site so allotted in accordance with the plans and designs approved by the authority. (4) The Authority may impose additional conditions in the lease-cum-sale deed as may be considered necessary. (5) Until the site is conveyed to the allottee, the amount paid by the allottee for the purchase of the site shall be held by the authority as security deposit for the due performance of the terms and conditions of the - 7 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 allotment and the lease-cum-sale agreement entered into between the authority and the allottee. (6) The allottee shall comply with the conditions of the agreement executed by him and the buildings and other bye-laws of the authority or the Corporation, as the case may be for the time being in force. (7) The allottee shall construct a building within a period of five years from the date of execution of the agreement or such extended period as the Authority may in any specified case by written order permit. If the building is not constructed within the said period the allotment may after reasonable notice to the allottee be cancelled, the agreement revoked, the lease determined and the allottee evicted from the site by the authority and after forfeiting twelve and half per cent of the value of the site paid by the allottee the authority shall refund the balance to the allottee. (8) (i) On the expiry of a period of ten years from the date of the lease-cum-sale agreement and if the allotment has not been cancelled or the lease has not been determined in accordance with these rules or the terms of the agreement the authority shall by notice call upon the allottee to get the sale deed of the site executed at his own cost within the time specified in the said notice. (ii) If the allottee fails to get the sale deed executed within the time specified the authority shall - 8 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 itself execute the same and recover the cost and other charges if any incidental thereto from the allottee. (9) With effect from the date of taking possession of the site, the allottee or his legal heirs and successors shall be liable to pay the taxes, fees and cesses pavable in respect of the site and any building erected thereon. (10) If the particulars furnished by the applicant in the prescribed application form for allotment of site are found to be incorrect or false, the sital value deposited shall be forfeited and the site shall be resumed by the authority.]" ______________________________________ 1. Sub-rule (2) substituted by Notification No.UDD 59 MNJ 2005, dated 27-4-2005, w.e.f. 30-4-2005 2. Sub-rule (2-A) inserted by Notification No.UDD 129 MNJ 97, dated 2-1-1999, w.e.f. 4-2-1999 3. Sub-rules (3), (4), (5), (6), (7), (8), (9) and (10) substituted by Notification No.UDD 59 MNJ 2005, dated 27-4-2005, w.e.f. 30-4-2005 4. Thus, as per the amended Rule 13, a person belonging to Scheduled Caste category has to be given time up to three years for payment of the entire consideration even when he has been allotted a site measuring 15 x 24 meters in Nadaprabhu Kempegowda Layout. Admittedly, the order passed in W.P.No.26321/2018 is passed without taking into consideration the said amended Rule. - 9 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 5. It is true that the said Rule was not in existence when 90 days time had expired since the allotment of a site in favour of the petitioner. The respondent-BDA was entitled to cancel the allotment immediately after the expiry of the said 90 days. However, the respondent did not cancel the said allotment and in fact, the same has not been cancelled till today. A show cause notice has been issued to the petitioner after filing of the writ petition and no action has been taken earlier to it. 6. Rule 13 does not distinguish between the persons allotted the site in Nadaprabhu Kempegowda Layout before coming into effect of the said amended Rule and later on. By a reading of the said Rule, one has to conclude that any person belonging to Scheduled Caste who has been allotted a site measuring 15 x 24 meters in Nadaprabhu Kempegowda Layout is entitled to the concession irrespective of the date of allotment. The said rule is applicable to the case on hand. The respondent is bound to consider the request of the petitioner as per the - 10 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 said Rule which they have failed to do so. The petitioner admittedly has been ready and willing to pay the balance sale consideration as per the provisions of the said Rule. However, the BDA has refused to receive the same and hence, he could not pay the same. 7. The writ petition has been filed with a prayer to issue a writ of mandamus to the respondent to accept the sale consideration and register the site in favour of the petitioner. In the course of the arguments, the learned counsel for the petitioner submits that the petitioner has been always ready and willing to pay the balance sale consideration and he would pay the entire sale consideration, within a period of three months from today. As the action of the BDA is in violation of the amended Rule 13, the review petition will have to be allowed. 8. Hence, the following: ORDER (i) The review petition is hereby allowed; - 11 - HC-KAR NC: 2025:KHC:30537 RP No. 439 of 2024 IN W.P.NO.26321 OF 2018 (ii) The order dated 14.08.2024 passed in Writ Petition No.26321/2018 is hereby recalled; (iii) The respondent-BDA is directed to accept the balance sale consideration amount along with interest, if any, from the petitioner, if it is paid within a period of three months from today, in respect of the site allotted to him and register lease-cum-sale deed or sale deed, as the case may be in accordance with law; (iv) If the petitioner fails to pay the balance sale consideration amount along with interest thereon within a period of three months from today, the BDA is at liberty to cancel the allotment. Sd/- (M.I.ARUN) JUDGE hkh. CT: DN List No.: 1 Sl No.: 68