The Karnataka High Court on Tuesday directed the Bangalore Development Authority to initiate appropriate action against officials responsible for wrongly allotting a site to a man under the economically weaker section (EWS) category, only to cancel it four years later.

A Division Bench comprising Chief Justice J.S. Khehar and Justice H.G. Ramesh issued the direction while dismissing an appeal filed by one B.C. Penchalaiah challenging the order of the single judge Bench which had upheld BDA's cancellation of the site allotted to him.


The BDA had allotted a site at Visvesvaraya Layout to Mr. Penchalaiah under the EWS category in 2003 even though he had disclosed his annual income as Rs. 25,000 as against the ceiling of Rs.11,800 per annum to claim benefits under the EWS category.

The agency, however, issued him show cause notice and cancelled the allotment in 2007 stating he could not claim benefits under the EWS category.

The Bench, which did not interfere with the cancellation of site, said a poor person like the petitioner had to face hardship because of BDA officials' mistake in allotting the site even though his annual income exceeded the limit prescribed for the EWS category.

The court said action against the officials was essential to pre-empt the general public and poor persons suffering and hardship.

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