The Supreme Court held that failure to pay the balance site value within the stipulated period, followed by prolonged silence, justifies the cancellation of allotment. Allottees lose their right to the site if they fail to comply with payment terms and approach the court after an unreasonable delay.

ORDER :

1. Leave granted.

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 of different impugned judgments passed by the High Court but pertain to the same controversy.

3. Broadly, in all these cases sites were allotted by the Appellant to the Respondents at various places in Bengaluru. These allotments were made at different times but largely in and around the year 2000. While the facts pertaining to each allotment such as the site and payment of value by the Respondents are different, the dispute in all these cases pertains to the cancellation of allotment by BDA on account of non-payment of balance sital value. For the sake of convenience, we are adverting to the facts of the lead matter only, however, the decision shall be applicable on all the connected matters, alike.

4. The BDA allotted different sites admeasuring 40x60 ft. to the private respondents in Anjanapura layout on 07.07.2001 or so. The allotments were made as a welfare measure in favour of the members of the Scheduled Castes community at a highly concessional rate. Some of the terms and conditions of the allotment were as follows:

"1. In the prescribed affidavit format enclosed herewith on Rs.15.00 stamp paper to be olemnised (sic), and the additional information form is to be filled, and within 15 days of receipt of this allotment letter is to be submitted. Failed to do so the site allotted to you is deemed to have refused and the site allotment without, issue of notice will be cancelled and the registration fee will be forfeited.

2. The site total value out of Rs.343450/- after the initial deposit is deducted the remaining amount of Rs.326250/- within 30 days of receipt of the allotment letter is to be paid to the authority. And if the balance amount is not paid, the allotment of site without any prior intimation will be cancelled and the registration fee will be forfeited.

3. In case if the prescribed balance amount cannot be paid within 30 days, you can submit an application and can obtain 60 days time for payment with l8% interest and obtain the extended time intimation in writing with in the extended time if the balance amount is not paid. The allotted site without any prior notice the allotment will be cancelled and the earlier paid registration fee will be forfeited.(this condition is not applicable for altenate site allotment).

4. The amount payable should be paid in the form of Demand Draft or through remittance of cash in BDA Premises Canara Bank Extension Counter or Indian Overseas Bank KP West Branch, and in this regard intimation to be made to the BDA.

5. After remittance of the above said site amount, the absolute sale deed form will be given. The allotee of the site should get registration of the absolute sale deed.

At the time of the handing over of the site which is mentioned in this allotment letter is subjected to verification. For each sq.metre is Rs.1590/- and the total cost of the site is Rs.343450/-

Site number and layout name Measurement of site approx. sq.ft./sq.mtr. Value of the site and as initial deposit paid amount Within 30 days to be paid balance amount

881 Block VG Anjanpura 12x18 Meters 17200/-Slum charges 326250

1000

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327250

[Emphasis Supplied]

5. There is no dispute that in terms of the