BDA directed to execute lease-cum-sale documents in favour of site allottees

The High Court of Karnataka has directed the Bangalore Development Authority (BDA) to execute lease-cum-sale agreement and possession certificates in favour of all allottees given sites in Arkavathi Layout but the allotment process was halted owing to pendency of petitions in the court since 2014.

It also directed the BDA to ensure that katha of the sites so allotted and possession delivered is issued in favour of such allottees. These exercises should be undertaken forthwith and completed within an outer limit of three months.

Justice Aravind Kumar delivered the verdict on September 27 while disposing of around 446 petitions filed by K.P. Anjanappa and hundreds of others questioning the modified final acquisition notification issued by the BDA on June 18, 2014, either challenging retention of land or deletion of lans, and for direction to allot sites to eligible applicants.

The court also directed the BDA to consider the claim of all those allotted sites in Arkavathi Layout, but later cancelled owing to re-do exercise carried out as per the apex court’s directions, and to allot the sites to such applicants/allottees within an outer limit of three months.

The court also made it clear that in the event of such sites not being available in Arkavathi Layout, they should be allotted sites in any other layout within three months.

On applications of revenue site owners, the court said that the three-member committee will examine the application for allotment a site for them as per BDA’s scheme.

The court also directed the committee to examine by conducting a spot inspection of layouts formed by housing co-operative societies, unions and associations where sites allotted to their members, and construction of buildings have come up.

If the committee is of the view that layouts are self-contained, then the BDA should delete such land from acquisition, the court said, while making it clear if the BDA had already taken possession ofl and from such societies, formed sites and allotted them, then members of the societies having registered sale deeds in their favour would be entitled only for allotment of alternative sites.

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