The New Indian Express 09.09.2010
Leased BDA sites can’t be sold: HC
BANGALORE: Karnataka High Court on Wednesday directed the Bangalore Development Authority (BDA) to not to give permission to sell its sites before their lease period of 10 years expires.Justice Rammohan Reddy issued the directive to the utility while hearing a petition. He also imposed a fine of Rs 1 lakh on the petitioner.
The petitioner, Venkatesh Naidu, a resident of BTM Layout, had sought directions to the BDA to make absolute sale deed of a BDA site he had purchased before its lease had expired.
The rules of the BDA categorically specify that someone who has been allotted a BDA land cannot sell it before the lease period of 10 years expires.
After hearing the petition, the court dismissed it and directed the BDA to follow its rules.
The petitioner had stated that he had purchased a BDA site at first phase, second stage of BTM Layout, from one N Jayalaxmi, a stenographer-cum-typist working in the Engineering section of BDA in 2006, before the land’s lease period of 10 years had expired.
The petition states that Jayalaxmi had given the power of attorney to the petitioner after accepting Rs 33.3 lakh for the land.
The petitioner argued that the prohibition to sell the BDA site before expiry of its lease period was not applicable to those who availed loans from banks to construct houses on the property.
The petitioner also sought direction to BDA to hand over the original documents of the site to him.
The court found that there is no merit in the petitioner’s argument and imposed the fine for wasting the precious time of the court.
