BDA delays allotment of alternative sites, then asks for prevailing price

Two women who had lost their inherited site to the Bangalore Development Authority’s  (BDA) Sir M Visvesvaraya Layout in 1989 were asked to pay the prevailing rate in 2015 for alternative sites. However, the women had found through RTI that the BDA had planned to give them alternative sites in 2010 itself for a much lower price. While they had to pay Rs 2.91 lakh each for alternative site in 2010, the BDA demanded Rs 12 lakh each in 2015.

The High Court which heard their case said that it was the delay of the BDA which has caused suffering to those who have lost their site. The BDA had not even paid compensation after acquiring their site and the alternative site is supposed to be their compensation for which it cannot demand current prices.

In two separate judgements, the HC came down heavily on the BDA for its delay and inaction. The judgement by Justice BS Patil said, “There is absolutely no justification for this. If on account of the inaction on the part of BDA there is delay in allotting alternative site, petitioner cannot be made to pay escalated price for no fault on his part. It cannot be forgotten that petitioner’s site has already been taken over. He has not been paid compensation. Petitioner cannot be penalised by demanding the value of the site as it existed in the year 2015.”

DS Subbalakshmi, 68, and HL Bhagyalakshmi, 61, had inherited portions of a site in Ullalu village. The revenue site was acquired by the government for BDA’s layout formation. The HC had ruled in an earlier case in 2005 that people whose sites have been taken over were entitled for an alternative site. The two made an application before the BDA. When nothing happened after years, they filed an RTI application and found that the BDA had prepared an allotment letter in which they had to pay Rs 2.91 lakh.

But five years later, the BDA allotted them different alternative sites and asked them to pay the 2015 rates.

The HC said that the two would pay the original price of Rs 2.91 lakh but pay 18 per cent interest to the BDA.

The BDA was directed to register a sale deed in favour of the two within 15 days of payment.

Credits Bangalore Mirror

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