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2025 DAILYLAW 20999 (KAR)

SRI H A ANKE GOWDA v. BANGALORE DEVELOPMENT AUTHORITY

WP/8280/2025 · 2025-03-28

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:13329 WP No. 8280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 8280 OF 2025 (BDA) BETWEEN: SRI H A ANKE GOWDA S/O LATE S ANKAIAH AGED 73 YEARS OCC RETIRED DY. SUP OF POLICE R/AT NO.102, III MAIN ROAD, III CROSS V STAGE, I PHASE, BEML LAYOUT, RAJARAJESHWARI LAYOUT, BENGAKURU-560098 …PETITIONER (BY SRI. MONESH KUMAR K.B., ADVOCATE FOR SMT. VIJETHA R NAIK., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, BENGALURU-560020 REP BY ITS COMMISSIONER 2. THE DEPUTY SECRETARY-I BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BENGALURU-560020 …RESPONDENTS (BY SRI. N.R.GIRISH., ADVOCATE) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13329 WP No. 8280 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ALLOTMENT LETTER DTD 21.09.2024 VIDE BDA/DS-1/NPKL/BI- SL-2755/2024-25 PRODUCED AS ANNX-L AND DIRECT TO THE RESPONDENTS TO ALLOT AN ALTERNATIVE SITE AT ARKAVATHY LAYOUT ITSELF MEASURING 15 MTRS X 24 MTRS (360.00 SQ. MTRS) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the fact that an alternative site has been allotted to him at Nadaprabhu Kempegowda Layout, although the original allotment was at Arkavathy Layout. Learned Counsel for the petitioner submits that this is the third allotment made to the petitioner and the petitioner has verified physically that he will not be able to put up any construction on the site allotted to the petitioner now at Nadaprabhu Kempegowda Layout viz., Site No.B1-SL-2755. 2. Learned Counsel for the respondent-BDA however, submits that for various reasons the allottees at the - 3 - NC: 2025:KHC:13329 WP No. 8280 of 2025 Arkavathy Layout are forced to take alternative sites and for that purpose, the petitioner will have to approach Hon’ble Justice K.N.Keshava Narayana Committee to redress his grievance. It is submitted that the Committee has been constituted to go into such issues where the earlier allotments have been cancelled, since the acquisition proceedings in respect of various lands have been either quashed or dropped at the hands of the State Government. The Committee will consider the grievance of the petitioner, call for information from the BDA and issue necessary directions for allotment of an alternative site. 3. Having regard to the submissions made by the learned Counsel for the respondent-BDA, if the petitioner is not satisfied with the allotment now made, the same requires to be cancelled while granting liberty to the petitioner to approach Hon’ble Justice K.N.Keshava Narayana Committee for redressal of his grievance. 4. Accordingly, the writ petition is partly allowed, while setting aside the impugned allotment letter dated - 4 - NC: 2025:KHC:13329 WP No. 8280 of 2025 21.09.2024 at Annexure ‘L’. Liberty is reserved to the petitioner to approach Hon’ble Justice K.N.Keshava Narayana Committee seeking allotment of site measuring 15 x 24 mtrs. either at Arkavathy Layout or any other layout suitable for the petitioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL