- 1 - NC: 2025:KHC:1405 WP No. 14185 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14185 OF 2020 (BDA) BETWEEN: 1(a) 1(b) 1(c) THIMMARAYAPPA S/O. THIMMAIAH @ YELAVAIAH, DEAD BY HIS LR'S SRI. T.M. MARAPPA S/O LATE THIMMARAYAPPA AGED ABOUT 64 YEARS R/AT NO.103/7, NGEF LAYOUT MALLATHAHALLI BANGALORE - 560 056. SRI. MUNIYAPPA T., S/O LATE THIMMARAYAPPA AGED ABOUT 60 YEARS R/AT NO.19/54, NGEF LAYOUT MALLATHAHALLI BANGALORE - 560 056. SRI. SRINIVASA T., S/O LATE THIMMARAYAPPA AGED ABOUT 56 YEARS R/AT NO.57/58, NGEF LAYOUT MALLATHAHALLI BANGALORE - 560 056. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P H., ADVOCATE FOR P1(a) TO P1(c)) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1405 WP No. 14185 of 2020 AND: BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560 020, REPRESENTED BY ITS COMMISSIONER. …RESPONDENT (BY SRI.B. VACHAN., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED.01.02.2014 AND 11.02.2020 VIDE ANNEXURE-E AND F RESPECTIVELY FOR PAYMENT OF COMPENSATION OF RS.14,21,125/- IN FAVOUR OF THE PETITIONER IN RESPECT OF ACQUISITION OF 08 GUNTAS OF LAND IN SY NO.68/5 SITUATED AT MALLATHAHALLI VILLAGE BANGALORE NORTH TALUK EXPEDITIOUSLY AND ETC. 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 ORAL ORDER The grievance of the petitioners is that though land in Sy.No.68/5 measuring 8 guntas situated at Mallathahalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk, Bengaluru District belonging to them was acquired for the purpose of formation of Sir M.Visveshwaraiah further extension by the respondent-BDA and despite issuance of notice under Section 12(2) of the Land Acquisition Act with regard to award of compensation, and despite petitioner submitting the documents as called for in the said notice, the respondent-BDA has not - 3 - NC: 2025:KHC:1405 WP No. 14185 of 2020 disbursed the compensation so determined till date. Therefore the petitioner constrained to approach this Court seeking following reliefs: (a) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the respondent authority to consider the representations dated 01.02.2014 and 11.02.2020 vide Annexures-E and F respectively for payment of compensation of Rs.14,21,125/- in favour of the petitioner in respect of acquisition of 08 guntas of land in Sy.No.68/5 situated at Mallathahalli Village, Bangalore North Taluk expeditiously; (b) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the respondent authority for payment of compensation of Rs.14,21,125/- along with 15% per annum from the date of acquisition in favour of the petitioner herein in respect of acquisition of 08 guntas of land in Sy.No.68/5 situated at Mallathahalli Village, Bangalore North Taluk. 2. In response learned counsel for respondent-BDA submit that as per the records available in the office of respondent-BDA and upon instruction, it is submitted that though award notice under Section 12(2) of the Land Acquisition Act was served as far back as on 27.12.2003, the petitioner did not bother to appear before the respondent authorities with the required documents as called for. He submits as seen at Annexure-E the petitioner appears to have made representation on 25.01.2014 and in response thereof a notice on 12.11.2014 was also issued. However the petitioner - 4 - NC: 2025:KHC:1405 WP No. 14185 of 2020 has remained absent. Therefore, no fault can be found on the part of respondent authorities in they not disbursing the compensation amount. 3. At this juncture learned counsel for petitioner submits that liberty be reserved to the petitioners to approach respondent authorities with requisite documents and a direction be issued to them to consider the representation within a time bound manner. 4. Submission is taken on record. Petition is disposed of reserving liberty to the petitioners to make representation along with necessary documents to seek disbursement of the compensation amount determined and such representation shall be made within 15 days from the date of receipt of certified copy of this order and an order thereof be passed by the respondent authorities within 30 days thereafter. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 40