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Here is a story of a common man who
successfully fought against the whims of Bangalore Development Authority. Sri.
Godapal Babu was excited, when he received a site allotment letter from BDA. At
last after six attempt he had his dream realized. He had applied for an
allotment of site on six occasions, under state government employee category as
well as general public category. But his happiness was shortlived as the BDA
send a cancellation letter that too without assigning any reason. Many trips to
BDA office proved futile to know the reason for cancellation. Sri. Godapal Babu
approached district consumer forum which passed orders in favour of
complainant. District consumer forum held that sum of total of all attempts
made under all and every category under BDA (allotment of sites) rules 1984
should be treated as attempt for arriving at allotting the sites. As usual BDA
challenged the order and approached state commission where the verdict went in
favour of Godapal Babu. BDA a went in appeal to national commission. The
allotment of sites is guided by four parameters prescribed in BDA (allotment of
sites) rules 1984, martial status of the applicant, income of the applicant,
number of attempts made, and whether any land of the applicant is acquired by
BDA. Both the district forum and state commission felt that all attempts,
irrespective of the category should form the basis for allotment, whereas BDA
maintained that the number of attempts in each category should be the basis of
allotment of sites.
National commission has to decide
whether the total number of attempts in all categories are attempts under each
category separately should form the basis of allotment. Relying on judgement of
Hon. Supreme Court, in case of Lucnow Development Authority VS MK Guptha, in
national commission held that more liberal interpretation of rules need to be
given by statutory authorities, while dealing with common man.
Upholding the decision of the lower
forums the NC has said that a plain reading of the BDA ules makes it clear that
at best it is silent on the point that number of attempts to be read in each category
separately or altogether. So when the law is silent on a point, the benefit
will go to the complainant. Further the NC has held that cancelation of
allotment with-out sufficient ground is certainly a deficiency.
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