BDA site allotment quashed for want of records

The Karnataka High Court, Principal Bench at Bengaluru, allowed a writ petition challenging the allotment and transfer of a BDA site described as Site No. 253A. The Bench of Justice D K Singh and Justice T.M. Nadaf quashed the allotment letter dated 07.06.2010, the order dated 06.04.2021, and the sale deed dated 23.02.2022.

The petitioner’s case was that the land in Sy.No.1/1 of Geddalahalli Village had earlier been in the family of Smt. Muninanjamma, later sold to his vendor, and then developed into sites. The dispute arose in the backdrop of the BDA’s acquisition proceedings for formation of RMV 2nd Stage, including the preliminary notification of 03.01.1977 and the final notification of 02.08.1978. The judgment also records that earlier writ proceedings had quashed those acquisition notifications.

The Court examined the allotment of Site No. 253A in favour of the third respondent and found the process legally unsustainable. The Bench observed that the alleged site was illusory and that there were no records showing creation of such a site. On that basis, it concluded that the allotment process and the recommendation leading to it could not be sustained in law.

At the same time, the Court was careful to limit the reach of its observations. It expressly stated that it was not expressing anything on the merits of title, since the matter was already pending before the civil court in O.S. No. 3813/2022. The Court further clarified that its observations were restricted to the allotment of the site in favour of the third respondent under Rules 5 and 10 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984, and would not affect the civil court’s decision on the parties’ rights.

The writ petition was therefore allowed and the impugned allotment, order, and sale deed were quashed.

Practical takeaway: In BDA allotment disputes, the Court will strike down a site allotment that lacks supporting records, while leaving title issues to the civil court.