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.

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 to the rescue of the petitioner as the same is not applicable to the petitioner.

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3. The petitioner belongs to Scheduled Caste. He was allotted a site measuring 15 X 24 meters by the respondent-BDA. He did not pay the entire sale consideration within the prescribed period of 90 days. He was allotted the said site on 20.10.2016 in Nadaprabhu Kempegowda Layout. The said allotment has not been cancelled till today by the BDA for non-payment of the balance sale consideration, though a notice is issued in this regard subsequent to filing of the writ petition. However, on 17.04.2017, the petitioner submitted a representation to the BDA to grant him three years' time from the date of allotment to pay the balance sale consideration amount. The same has been rejected. Subsequently, Rule 13 has been amended on 19.02.2018.The amended Rule 13 now reads as under:

"13. Conditions of allotment and sale of site.-The allotment of a site under these rules shall be subject to the following conditions:

[Sub-rule (1) substituted by Notification No. UDD 74 MNJ 2007, dated 19-11-2008, w.e.f. 16-12-2008], [(1) The allottee shall, within a period of sixty days from the date of receipt of notice of allotment pay to the Authority, the balance sital value deducting the initial deposit. If the balance sital value is not paid within a period of sixty days, the Authority may on application of the allottee, extend the time for payment for a further period not exceeding one hundred twenty days as a final chance and the allottee shall pay an additional interest at the rate of eighteen per cent on the balance sital value for the first thirty days of the extended period and at the rate of twenty-one per cent for the next ninety days of the extended period. If the amount is not paid within such extended period also, the registration fee shall be liable to be forfeited and the allotment may be cancelled without prior intimation:]

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[Provisos shall be and shall always be deemed to have been substituted from 1-1-2002 by Notification No. UDD 09 MNJ 2005, dated 16-3-2005], [Provided that where an allottee is a person belonging to.-

(a) the Scheduled Castes and Scheduled Tribes, [Substituted for the words Backward Tribes" by Notification No. UDD 265 MNJ 2014, dated 7-10-2015, dated 8-10-2015], [Category I], or to a family of a defence personnel killed or disabled during hostilities and who has been allotted a site of 6x9 M and 9x12 M or 12x18 M dimensions; or

(b) belonging to economical weaker section of the society as notified by Government from time to time, and who has been allotted a site of 6x9 M dimension,

the balance of the value of the site required to be paid under this sub-rule shall be paid by him or her without interest, within a period of three years in equal annual installments from the