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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I.ARUN
H. Shivanna, S/o. Late Honnappa – Appellant
Versus
Commissioner, Bangalore Development Authority – Respondent
| Table of Content |
|---|
| 1. error regarding unamended rule 13 considered. (Para 1 , 2) |
| 2. petitioner allotted site; payment timeline default. (Para 3) |
| 3. amended rule 13 applicable; rights acknowledged. (Para 4 , 5 , 6) |
| 4. petitioner's willingness to fulfill payment. (Para 7) |
| 5. review petition allowed; directions issued. (Para 8) |
ORDER :
M.I. ARUN, J.
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 t
The court established that the amended Rule allows Scheduled Caste allottees to pay site consideration without interest over three years, regardless of the date of allotment.
The retrospective amendment of Rule 10 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984, affects the eligibility criteria for site allotments, thereby invalidating previous dis....
Once a sale deed is registered, title transfers to the purchaser and cannot be unilaterally cancelled or altered without court intervention.
Subsequent purchasers cannot challenge acquisition proceedings, and challenges to possession and allotment must be made within a reasonable time.
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