- 1 - NC: 2025:KHC:4266 WP No. 7846 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.7846 OF 2024 (LA-BDA) BETWEEN: SRI. NARASIMHAMURTHY, S/O. LATE HANUMANTHAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO. 283, COCONUT PLANT, SHEEGEHALLI VILLAGE, SULIKERE POST, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK - 560 091. …PETITIONER (BY SRI. SANDEEEP M.K, ADVOCATE FOR SRI. ROOPESHA B, ADVOCATE) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU - 560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI. BASAVARAJA H.T, ADVOCATE FOR R1 AND R2) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4266 WP No. 7846 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) CALL FOR THE RECORDS RELATING TO ANNEXURE-K FROM THE FILE OF THE RESPONDENT AUTHORITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner is claiming to be the son of one Hanumanthaiah who was the owner of an extent of 1-00 acre of land out of 2 acres 33 guntas forming part of Sy.No.37/1 situated at Sheegehalli Village, Yashwanthpura Hobli, Bangalore North Taluk, which was notified by the respondent-Bangalore Development Authority for formation of Nadaprabhu Kempegowda layout in terms of the Preliminary Notification dated 21.05.2008 and Final Notification dated 18.02.2010. 2. The grievance of petitioner is before this Court seeking following reliefs: - 3 - NC: 2025:KHC:4266 WP No. 7846 of 2024 (i) Call for the records relating to ANNEXURE-K from the file of the respondent authority. (ii) Issue a writ of Certiorari to quash the Endorsement issued by the 2nd respondent dated 14.11.2019 in No.BDA/SLAO/51/19-20 vide Annexure-K. (iii) Issue a writ of Mandamus directing the respondents to allot 40% of developed land or sites as per the scheme in lieu of Acquisition of land bearing Sy.No.37/1, measuring 1 Acre of Sheegehalli Village for formation of Nadaprabhu Kempegowda Layout. (iv) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity. 3. That in terms of the scheme approved by the respondent - State Government, the land owners were entitled for 40% of the developed area. However, the respondent - Land Acquisition Officer without serving any notice on the petitioner or his father and without affording any opportunity, has passed award on 31.08.2017 fixing compensation payable in respect of 1-00 acre of land - 4 - NC: 2025:KHC:4266 WP No. 7846 of 2024 belonging to the father of the petitioner in a sum of Rs.80 Lakhs with other statutory benefits. 4. Subsequently, the petitioner made a representation dated 15.11.2017 registering his protest for passing the said award and seeking for allotment of 40% of the developed land in terms of the scheme, in lieu of monetary compensation. That in response to the same, the respondent-Special Land Acquisition Officer has issued an Endorsement as per Annexure-K declining to consider the same on the premise that once the award having been approved, the request of the petitioner cannot be considered. 5. Counsel for the petitioner reiterating the averments of grounds urged in the writ petition and also relying upon the Order dated 28.06.2013 passed in WP No.16919/2013 and an Order dated 12.07.2022 passed in W.P. No.5849/2022 by the coordinate bench of this Court, submits that under the identical facts and circumstances of the matter, this Court had directed the respondent to - 5 - NC: 2025:KHC:4266 WP No. 7846 of 2024 consider the representation of the petitioner therein for allotment of sites in the developed area in lieu of monetary compensation in terms of the scheme formulated therein. He submits that the petitioner in this case is similarly situated and may also be extended similar relief. 6. In response, the learned counsel for BDA submits that the award has been passed and the same also has been deposited. Once the award has been passed, the Special Land Acquisition Officer has no jurisdiction to revisit the same. However, he fairly submits that in the light of the Order passed in the writ petitions by the coordinate bench of this Court referred to above, the representation of the petitioner will be considered in accordance with law. The said submission is taken on record. - 6 - NC: 2025:KHC:4266 WP No. 7846 of 2024 7. Accordingly, the following : ORDER (i) Writ petition is allowed. (ii) Endorsement dated 14.11.2019 in No.BDA/SLAO/51/ 19-20 issued by the 2nd respondent vide Annexure-K is hereby quashed. (iii) The respondent - Special Land Acquisition Officer to consider the representation of the petitioner in allotting the site in terms of the scheme of allotment on petitioner submitting the documents as may be called upon by the respondent-SLAO, justifying their claim for entitlement of such allotment. If need be petitioner be given a personal hearing. - 7 - NC: 2025:KHC:4266 WP No. 7846 of 2024 (iv) Such exercise shall be undertaken within an outer limit of four months from the date of receipt of the certified copy of this Order. (v) An Order in this regard be communicated to the petitioner. SD/- (M.G.S. KAMAL) JUDGE SNC List No.: 1 Sl No.: 11 CT: BHK