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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.M.JOSHI
Commissioner, Bangalore Development Authority – Appellant
Versus
Gujjarappa S/o. Ganganna – Respondent
JUDGMENT :
VIBHU BAKHRU, C.J.
1. The appellants [BDA], have filed the present appeal impugning an order dated 14.08.2024 passed by the learned Single Judge of this Court in W.P.No.15269/2024 [impugned order captioned 'Sri. Gujjarappa v. The Commissioner, BDA & Others : NC: 2024:KHC: 33231'. The said writ petition was filed by the respondent, assailing an endorsement dated 28.05.2024 issued by the BDA allotting a site bearing No.368/5 measuring 9 x 12 meters in Sir M. Visweswaraiah Layout, VII Block and calling upon the respondent to pay the sital value of Rs.51,84,500/- in respect of the allotted site.
2. According to the respondent, the value of the site was required to be determined at the price prevailing as on the date of his application for allotment of an alternate site. The said application was made on 07.12.2002 and there was an inordinate delay on the part of the BDA in considering the respondent's request. In view of the above, the learned Single Judge had allowed the writ petition and ordered as under:
"ORDER
(a) The impugned endorsement dated 28.05.2024 issued by the Deputy Secretary-3, BDA, Bengaluru is hereby set aside and respondent- BDA is directed to determine the sital
The BDA must determine site value based on the market price at the time of application, not the allotment date, ensuring timely processing of requests for fair evaluation.
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
Court emphasized that substantial and sufficient grounds must be shown for condoning significant delays in appeals, particularly when procedural requirements are not met and the land remains unused b....
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