The Deccan Herald 13.09.2010
HC rejects sale of BDA site before lock-in period
Bangalore, Sept 12, DHNS:
The Karnataka High Court has dismissed a petition seeking a sale deed from the Bangalore Development Authority (BDA) in respect of the site sold before the completion of moratorium period.
Naidu, a resident of BTM Layout, had filed a petition stating that he had purchased a BDA site from Jayalakshmi, a BDA employee before the completion of the moratorium period. The vendor - Jayalakshmi had received a sum of Rs 33.30 lakh for the site and executed a power of attorney in favour of Naidu, in respect of the site.
The petitioner had sought the original documents of the site from BDA.
He had argued that the moratorium on sale of sites was not applicable to those who wanted to avail loans to construct house on the property. According to the BDA rules, no allottee can sell the site to anyone before the expiry of the 10-year lock-in period.
Justice Ram Mohan Reddy refused to accept the contention of the petitioner and dismissed the petition. The Court also directed the BDA not to allow sale of sites before the end of the 10-year moratorium. It imposed a fine of Rs one lakh on petitioner Venkatesh Naidu for wasting the Court’s time.
