Land Allocation For Former Indian Women Cricketer: Karnataka High Court Dismisses BDA Appeal
The Karnataka High Court on Tuesday dismissed an appeal filed by the Bangalore Development Authority (BDA) challenging an order of the single bench by which it directed the authority to allot a plot of land, to a former International Women Cricket player, Smitha Harikrishna, at the value of the plot as was in the year 2008. As per a resolution issued in the year 2008, the BDA has...
The Karnataka High Court on Tuesday dismissed an appeal filed by the Bangalore Development Authority (BDA) challenging an order of the single bench by which it directed the authority to allot a plot of land, to a former International Women Cricket player, Smitha Harikrishna, at the value of the plot as was in the year 2008.
As per a resolution issued in the year 2008, the BDA has resolved to grant a site in favour of the petitioner in recognition of her services to the International Women's Cricket Team. However, pursuant to the representations made by her on July 18, 2014, February 14, 2018, and December 9, 2019 the respondent had issued the allotment letter and called upon her to make a payment of Rs 77,22,000. This was challenged by Smita before the high court.
A division bench of Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum orally observed "You (BDA) literally made her beg before you for the allotment of land, which you had resolved to allot to her."
The court even questioned the counsel appearing for the BDA as to why the decision of allotment of 2008, was given effect only last year. In response, the counsel submitted that the file of the applicant was misplaced.
To which the court said "It is really shocking that a statutory body like BDA has come up with a lame excuse stating that file of the respondent was misplaced and for the lapse of the officers of the BDA in misplacing the file, for obvious reasons the respondent international cricketer has been slapped with an exorbitant price for the allotment of the plot."
BDA had challenged the single bench order dated October 21, 2020, which had set aside the letter of allotment dated July 3, 2020, fixing the site value at Rs 77, 22,000, issued to the former woman cricketer who has played for the Indian team in two world cups.
The court had directed BDA to fix the sital value as it existed in the year 2008 in Sir M Vishweshwaraiah layout. The respondents were to comply with the direction within two months. The division bench refused to interfere with the order accordingly disposed of the appeal.
Case title: The Bangalore development Authority and Smitha Harikrishna
Case No: WA 457/2021.