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N. KOTISWAR SINGH, SURYA KANT
Commissioner, Bengaluru Development Authority – Appellant
Versus
T. Seetharamappa (dead) thr. Lrs – Respondent
| Table of Content |
|---|
| 1. overview of appeals against allotment judgments (Para 2 , 3) |
| 2. conditions and failures in site allotment process (Para 4 , 5 , 6) |
| 3. court's allowance of delay in representation (Para 7) |
| 4. court's reasoning on duties of the allottee (Para 8 , 9) |
| 5. maintaining consistency based on previous ruling (Para 10) |
| 6. final decision to allow appeals and refund (Para 11 , 12 , 13) |
ORDER :
2. The lead matter in this batch of appeals is directed against the common impugned judgment dated 17.02.2021, passed by a Division Bench of the High Court of Karnataka at Bengaluru, in Writ Appeal No. 3890/2019 and Writ Appeal No. 2770/2019, thereby upholding the judgment of the learned Single Judge, in terms whereof the Appellant (BDA) was directed to decide the representations of the allottees in accordance with law. Insofar as the connected appeals are concerned, they arise out of the common impugned judgment dated 23.09.2022 passed by a Division Bench of the High Court of Karnataka at Bengaluru disposing of a batch of writ appeals whereby allotment of sites were ordered to be restored in favour of the individual allottees. There are certain other connected appeals which though arise out o
The court ruled that allotment cancellation for non-payment is valid without prior notice, as applicable law requires notice only post-lease execution, which was not applicable here.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
The court reinforced that failure to execute necessary agreements and comply with payment terms nullifies any claims to land allotment rights, even where intentions to pay exist.
Cancellation of allotment of residential property due to non-deposit of instalments of balance amount can be set aside where allottee is making a fair offer with all bonafides.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
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