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2025 DAILYLAW 14834 (KAR)

MR. GOWTHAM P PATEL v. THE STATE OF KARNATAKA

WP/2135/2025 · 2025-02-14

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:6807 WP No. 2135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2135 OF 2025 (LA-BDA) BETWEEN: 1. MR. GOWTHAM P PATEL S/O PURUSHOTHAM R PATEL, AGED ABOUT 35 YEARS, R/AT NO. 150/151, N S INFOCITY-1. SCOUT CAMP ROAD, DODDABALLAPUR, BANGALORE RURAL-561 203. 2. MR. JAYANTH P. PATEL S/O PRAVEEN R PATEL, AGED ABOUT 28 YEARS, R/AT NO. 150/151, N S INFOCITY-1. SCOUT CAMP ROAD, DODDABALLAPUR, BANGALORE RURAL-561 203. 3. SMT. USHA RANI W/O MR. BALAJI AGED ABOUT 43 YEARS NO.39, MARUTHINAGAR MS PALYA, VIDHYARANYAPURA POST BANGALORE-560 097. 4. MR. MANILAL H PATEL S/O HIRALAL K PATEL AGED ABOUT 45 YEARS R/AT NO.861, 1ST BLOCK 1ST MAIN, 1ST CROSS, MOTHER MARY SCHOOL NEW THIPPASANDRA BANGALORE-560 075. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6807 WP No. 2135 of 2025 5. MRS. BHARATHI M PATEL W/O MANI LAL PATEL AGED ABOUT 44 YEARS R/AT NO.861, 1ST BLOCK 1ST MAIN, 1ST CROSS, MOTHER MARY SCHOOL NEW THIPPASANDRA BANGALORE-560 075. 6. MR. MOHAN DEVSHI PATEL S/O DEVSHI GOPAL PATEL AGED ABOUT 46 YEARS R/AT NO. 562/26, SAL ARCHARD HESARAGHATTA MAIN ROAD, NEAR SAMBRAM COLLEGE CHIKKABETTAHALLI BANGALORE-560 097. 7. MR.HERA LAL K PATEL S/O KARSAN M PATEL AGED ABOUT 67 YEARS R/AT NO.861. 1ST BLOCK 1ST MAIN, 1ST CROSS, MOTHER MARY SCHOOL, NEW THIPPASANDRA, BANGALORE-560 075. 8. MR. PATEL SHIVDAS ARJAN S/O ARJAN HANSRAJ PATEL AGED ABOUT 66 YEARS R/AT NO.687, CBI MAIN ROAD NERA SHIVRAM HARDWARE, GANGANAGAR, HMT LAYOUT RT NAGAR POST BANGALORE-560 032. …PETITIONERS (BY SRI. R SRINIVASA GOWDA.,ADVOCATE) - 3 - NC: 2025:KHC:6807 WP No. 2135 of 2025 AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT 5TH FLOOR, M S BUILDING BENGALURU-560 001 REP BY ITS PRINCIPAL SECRETARY. 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST T. CHOWDAIAH ROAD BANGALORE - 560 020 REP BY ITS COMMISSIONER. 3. THE DEPUTY COMMISSIONER LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST T. CHOWDAIAH ROAD BANGALORE- 560 020. 4. THE ADDL SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST T. CHOWDAIAH ROAD BANGALORE- 560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA., AGA FOR R1; SRI. B. VACHAN.,ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 4 TO ALLOT DEVELOPED LAND IN LIEU OF MONETAY COMPENSATION BY CONSIDERING THE REPRESENTATIONS DATED 14.02.2023 FILED BY THE PETITIONERS AS PER ANNX- F1 TO F5 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 4 - NC: 2025:KHC:6807 WP No. 2135 of 2025 ORAL ORDER Petitioners claiming to have purchased the land forming part of land in old Sy.No.1/5 and present Sy.No.1/9 measuring 33 guntas situated at Madi Agrahara village, Yelahanka Hobli, Yelahanka Taluk under various deeds of sale are before this Court seeking following relies; "A) Issue a Writ in the nature of Mandamus or any other appropriate writ or direction, Direct the respondent No.2 to 4 to allot developed land in lieu of monetary compensation by considering the Representations dated 14/02/2023 filed by the petitioners as per Annexure-F1 to F5 in the interest of justice and equity. B) Issue any other writ, order or direction as this Hon'ble court deems fit on the facts and circumstances of the case to meet the ends of justice." 2. It is further case of the petitioners that without knowing the fact of the schedule property is being under acquisition proceedings, they have purchased the same under six different sale deeds. Hence, have made representation seeking allotment of developed sites to the respondent Nos. 2 to 4. Though representations have been duly acknowledged by the respondent -authorities, no steps have been taken in this regard. Hence, the petition. - 5 - NC: 2025:KHC:6807 WP No. 2135 of 2025 3. Learned counsel for the respondent -BDA submits that given some time representation so made by the petitioners would be considered in accordance with law, subject to they satisfying the requirements of allotment of sites under the scheme. 4. Submission is taken on record. 5. In view of the above, following ; ORDER (1) Petition is disposed of. (2) Respondent -BDA is directed to consider the representation dated 14.02.2023 filed by the petitioners as per Annexures-F1 to F5 series seeking allotment of developed site in lieu of monetary compensation in accordance with law. (3) The respondent -BDA shall consider the same within an outer limit of twelve (12) weeks from the date of receipt of certified copy of this order, if the petitioners are found entitled for the same strictly in accordance with law. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 45