- 1 - NC: 2025:KHC:14583 WP No. 2766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2766 OF 2025 (BDA) BETWEEN: SMT. K.S. UMA JAYAKUMAR W/O. C.G. JAYAKUMAR, AGED ABOUT 65 YEARS, R/AT NO.1, 4TH C MAIN ROAD, 9TH CROSS, FURTHER EXTENSION, MAHALAKSHMI LAYOUT, BENGALURU -560 086. …PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE- 560 020, REPTD. BY ITS COMMISSIONER. 2. THE SECRETARY-IV THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE- 560 020. 3. THE EXECUTIVE ENGINEER (NPKL) BENGALURU DEVELOPMENT AUTHORITY, METRO PILLAR No.595, BDA FLATS, 1ST FLOOR, BENGALURU, MYSURU ROAD, BENGALURU - 560 056. …RESPONDENTS (BY SRI. GOPI G.A., ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14583 WP No. 2766 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-H DATED 20.05.2024 TO ALLOT THE SITE BEARING NO.B6-SD- 2044 MEASURING 12X18 METERS SITUATED AT NAADAPRABHU KEMPEGOWDA LAYOUT 6TH BLOCK, D SECTOR AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner was earlier allotted a site bearing No.169 measuring 12x18 meters situated at Arkavathi Layout, 21st Block, Bangalore, vide allotment letter dated 24.06.2006 on receipt of the entire sital value of Rs.4,53,600/-. Subsequently, at the instance of the land owners, the land in which the aforesaid site was situated was denotified. Consequently, petitioner was allotted an alternate site bearing No.B6-SD-2018 in lieu of the aforesaid site vide allotment letter dated 07.05.2022. Since the Respondent- BDA had not executed the deed of sale, petitioner had approached this Court by filing a writ petition in W.P.No.11354/2022 seeking direction to the respondent- - 3 - NC: 2025:KHC:14583 WP No. 2766 of 2025 BDA to execute the deed of sale. Said writ petition was disposed of with a direction to the respondent-BDA to execute the deed of sale within a period of eight weeks. However there was no compliance to the said order. 2. Petitioner was again allotted another site bearing No.B6-SD-2032. However the said site had been allotted to the landowners under the incentive scheme, as such the petitioner was constrained to file another writ petition in W.P.No.6763/2023, which was disposed of directing the respondent to consider the representation of the petitioner and to execute the deed of sale. Since there was no compliance to the said order, petitioner initiated the contempt proceedings in CCC No.617/2023. During the pendency of the said proceedings, an endorsement came to be issued by the respondent-BDA which was challenged in W.P.No.17611/2023 which was also disposed of by directing the respondent-BDA to allot an alternate site. 3. A report was obtained by the Executive Engineer of the respondent-BDA who identified site bearing No.B6- - 4 - NC: 2025:KHC:14583 WP No. 2766 of 2025 SD-2044 situated at Nadaprabhu Kempegowda Layout being available to be allotted to the petitioner. Since no action has been taken at the end of the respondent-BDA petitioner approached this Court for the fifth time seeking issue of writ of mandamus for allotment of the aforesaid site bearing No. B6-SD-2044 measuring 12x18 meters situated at Nadaprabhu Kempegowda Layout, 6th Block, D Sector. 4. This Court on 28.03.2025 had directed the respondent-BDA to ascertain and communicate if the aforesaid site was available to be allotted in favour of the petitioner herein. Today, learned counsel for petitioner has furnished an encumbrance certificate in Form No.16 dated 02.04.2025 contents of which would indicate that there has been no transaction or encumbrance created in respect of the said site. 5. Based on the above learned counsel for petitioner submits that the petitioner has been made to run from pillar to post for the past close to 20 years and having - 5 - NC: 2025:KHC:14583 WP No. 2766 of 2025 approached this Court on earlier four occasions, he submits that respondent-BDA despite there being repeated directions by this Court has taken no action in the matter. He submits that there is no denial from the respondent- BDA with regard to the availability of the aforesaid site. That the respondent-BDA is statutorily obligated to perform its part of the promise. Therefore he insists that a positive direction to be issued in this regard. 5. Learned counsel for respondent-BDA in response submits that it has sought for a report from the Engineering Section of the respondent-BDA and that if the said site is available to be allotted to the petitioner, necessary steps in this matter would be taken in accordance with law. Submission is taken on record. 6. In view of the aforesaid undisputed and factual aspects of the matter, petition is disposed of with the following directions: - 6 - NC: 2025:KHC:14583 WP No. 2766 of 2025 Respondent-BDA shall obtain a report from its concerned department. Respondent-BDA shall allot the aforesaid site bearing No.B6-SD-2044 to the petitioner if the same has not been allotted in favour of any other third party as on this date. Such exercise of allotment, consequent and incidental execution of deed of conveyance shall be made within an outer limit of twelve weeks from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SBN