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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Gopalakrishna H., S/o H. Hanumaiah – Appellant
Versus
Bangalore Development Authority, Rep. By its commissioner – Respondent
| Table of Content |
|---|
| 1. writ petitions challenge bda's action on property. (Para 1 , 2) |
| 2. respondents assert bda's legal authority over corner sites. (Para 6 , 12 , 14) |
| 3. petitioners argue for property rights under established sale deeds. (Para 9 , 11) |
| 4. court emphasizes jurisdiction limitations and statutory adherence. (Para 18 , 22 , 30) |
| 5. court quashes bda's actions and affirms petitioners' rights. (Para 31) |
ORDER :
K.S. HEMALEKHA, J.
These writ petitions are directed against the endorsement issued by the Bengaluru Development Authority (BDA), calling upon the petitioners to surrender the original documents relating to site Nos.2521 and 2522 situated at Sir M Vishweshwaraiah Layout, 2nd block, Bengaluru on the ground that the said sites are corner sites required to be disposed of only through public auction under the Bengaluru Development Authority (Disposal of Corner Sites and Commercial Sites) Rules, 1984 (‘Rules, 1984’ for short). The petitioners, who are in possession under the registered sale deed executed by BDA in 19.10.2004 and 15.02.2006 respectively, challenged the legality of the said endorsement and the consequential auction proceedings, whereby respondent Nos.3 and 4 have b
Once a sale deed is registered, title transfers to the purchaser and cannot be unilaterally cancelled or altered without court intervention.
The main legal point established in the judgment is the requirement for the BDA to act fairly and reasonably in its decisions, especially in matters involving property rights, and to ensure complianc....
Subsequent purchasers cannot challenge acquisition proceedings, and challenges to possession and allotment must be made within a reasonable time.
The court upheld the cancellation of residential site allotments, emphasizing adherence to eligibility criteria and public integrity in administrative actions.
The BDA has the authority to reject bids in e-Auctions without justification, as per its Rules, and such discretion is not subject to judicial review unless proven arbitrary.
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