- 1 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO.1731 OF 2024 (BDA) BETWEEN: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU-560 020 REP. BY ITS COMMISSIONER …APPELLANT (BY SRI SACHIN B. S., ADVOCATE) AND: 1. *BALJEET SINGH S/O. LATE GURUCHARAN SINGH AGED ABOUT 58 YEARS NO.106, DHEERAJ MANOR 24, KENSINGTON ROAD ULSOOR, BENGALURU-560 008 2. THE STATE OF KARNATAKA BANGALORE RURAL AND URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY BENGALURU-560 001 …RESPONDENTS (BY SRI G. A. MITHUN, ADVOCATE FOR R-1; SRI MOHAMMAD JAFFER SHAH, A.G.A., FOR R-2) *Corrected Vide Court Order dated:27.02.2026. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09/10/2020 IN WP NO.35803/2016 AND ORDER DATED 17/01/2024 IN REVIEW PETITION NO.266/2023 PASSED BY THE LEARNED SINGLE JUDGE. THIS WRIT APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 09.10.2020 passed in Writ Petition No.35803/2016 (BDA) as well as the judgment dated 17.01.2024 passed in Review Petition No.266/2023 (BDA). 2. For the sake of convenience the parties are referred to as per their rankings before the learned Single Judge. 3. The facts of the case are briefly stated as follows : - 3 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 The petitioner was successful in auction proceedings, in respect of the site bearing No.1 situated at J.P. Nagar, 2nd Phase, Sarakki, Bengaluru, to an extent of 254.70 square meter for a total sale consideration of Rs.1,44,66,966/-. This auction took place on 18.06.2010, and the respondent had paid the entire sale consideration. It appears that in respect of the said site and some other sites, litigation was pending and therefore, despite making deposit of the entire sale consideration, sale deed could not be executed in favour of the petitioner. The Bangalore Development Authority (for brevity 'the BDA'), had refunded 95% of the amount to the respondent, i.e., in two instalments. The first instalment of Rs.1,08,50,160/- i.e.,75% was refunded on 19.11.2010, and the second instalment of Rs.28,93,392/- i.e, 20% was refunded on 21.04.2011 and that the BDA retained only 5% of the sale consideration paid by the petitioner as per the auction. 4. It further appears that the litigation in respect of this site and other sites ended in favour of the BDA. Once the - 4 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 litigation was concluded in favour of the BDA, petitioner requested the BDA to execute the sale deed of site No.1 in his favour, for which he was the successful bidder in the auction proceedings. The BDA In response to the said request Issued a letter to the petitioner asking him to deposit 95% of the sale consideration, which was repaid to the petitioner as mentioned above in the year 2010 and 2011 with 18% interest thereon from the date of refund up to the date of re-deposit. Thereafter, another resolution was passed by the BDA reducing the rate of interest, to the rate of interest being charged by the State Bank of India, by resolution dated 08.07.2022. The petitioner filed the writ petition challenging the said demand of interest at the rate of 18% p.a. and the learned Single Judge vide interim Judgment and Order directed the respondent/petitioner to make payment of Rs.5,00,000/-. The learned Single Judge vide impugned judgment and order has quashed the demand of interest and directed the BDA to execute the sale deed in favour of the respondent. - 5 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 Some errors had crept in the judgment dated 09.10.2020 passed by the learned Single Judge in the writ petition, hence a review petition came to be filed. In the review petition only the dates were corrected but the order in the writ petition was maintained. 5. On our suggestion, to put an end to the litigation and without going into the merits of the case, the petitioner has agreed to pay the interest at the rate of 7.5% p.a. We consider the said Interest i.e. 7.5% on the amount of 95% of the sale consideration, from the date of refund till the date of repayment, which was refunded to the petitioner, as just and proper, considering the entirety of the facts and circumstances of the case. 6. The learned counsel appearing for the appellant/BDA though has some reservation and objection to the said proposal for payment of interest at the rate of 7.5%, which would be little less than the SBI rate of interest, however in the peculiarity of the facts and circumstances, - 6 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 submits that it is left to this Court to pass an order as this Court deems it proper. 7. Therefore, to give a quietus to the long drawn litigation, we dispose of this writ appeal on the following terms:- a. The petitioner shall pay 7.5% interest on the amount of 95% which was refunded to him, from the date of refund till the date of deposit i.e., on Rs.1,08,50,160/- from 19.11.2010 up to 13.01.2021 and on Rs.28,93,392/- from 21.04.2011 up to 13.01.2021. b. We direct the petitioner to pay interest @ 7.5% p.a. on the said amount as directed above, within a maximum period of 3 months. c. On making deposit of the interest, the BDA shall execute the sale deed in favour of the petitioner within period of 2 weeks thereafter. - 7 - HC-KAR NC: 2025:KHC:44028-DB WA No. 1731 of 2024 d. It is made clear that petitioner shall not be liable to pay any taxes prior to the date of execution of the sale deed on the said parcel of the land to any jurisdictional revenue authority or otherwise. SD/- (D K SINGH) JUDGE SD/- (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 26