Allot alternate site to serviceman’s wife who failed to pay full amount 20 yrs ago'

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has directed the Mysuru Urban Development Authority (MUDA) to allot an alternate site to the wife of a serviceman.

MUDA had executed the sale deed of the allotted site to another person as the woman had failed to pay up the full amount. The High Court noticed that the court had earlier allowed the petitions of other similarly placed allottees and directed MUDA to execute sale deeds in their favour.

“Having regard to the submissions made by the learned Counsel for the petitioner, this Court is of the considered opinion that the benefit given to similarly placed petitioner in the decision cited by the learned Counsel is also to be given to the petitioner,” the HC said in its judgement.

Quashing the endorsement issued by the MUDA on March 27, 2023 cancelling the allotment in favour of Surya Prabha Garcha the widow of Colonel GS Garcha, the HC said, “The respondentMUDA is hereby directed to execute a sale deed in favour of the petitioner, issue Possession Certificate and put the petitioner in possession of site bearing No.1644, measuring 50x80 feet at HanchyaSatagalli B-Zone Layout, Mysuru.”

However, the HC was informed that the site allotted to Mrs Garcha was re-allotted to someone else and even the sale deed was executed.

The HC therefore said that “Then the respondent-MUDA shall furnish necessary information to the petitioner showing the allotment made and the sale deed executed. In such circumstances, an alternative site shall be allotted to the petitioner to her satisfaction and the sale deed shall be executed within the time period stipulated.”

MUDA had allotted the site to Mrs Garcha in the exservicemen category since her husband was a soldier on February 25, 2001. The site value was fixed at Rs.3,03,000 and she deposited Rs.4,374 as initial deposit.

She was directed to pay Rs.45,450 within 15 days and the remaining Rs.2,53,176 within 90 days. Though the letter was prepared on February 25, 2001 it was dispatched to her only on May 16, 2001. She submitted Rs.45,450 to MUDA on June 29, 2001.

Again on October 13, 2001 she paid Rs.1,10,00 again through a demand draft.

The Board of MUDA passed a resolution to accept balance payment from allottees and execute sale deeds on June 29, 2002. Garcha paid the balance amount on February 5, 2003.