- 1 - NC: 2025:KHC:1998 WP No. 13658 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13658 OF 2022 (LA-BDA) BETWEEN: 1. SMT.SUCHETHA K.C. W/O SHANKARE GOWDA S K, AGED ABOUT 60 YEARS, R/AT NO 140, 2ND BLOCK, U K FARM, SIR M V NAGARA, CHIKKANAHALLI, SULIKERE POST, BANGALORE SOUTH TLAUK, BENGALURU 560060 (NOTE SENIOR CITIZENSHIP IS NOT CLAIMED) …PETITIONER (BY SRI. VASANTH KUMAR H T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU 560001. 2. THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE 560020, REPTD BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE 560020. …RESPONDENTS (BY SRI. SPOORTHI.V., HCGP FOR R-1; SRI. AJAY KUMAR.M., ADVOCATE FOR R-2 & R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1998 WP No. 13658 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 08.10.2020 VIDE ANNEXURE-M ISSUED BY THE R2, ETC. THIS PETITION, COMING ON FOR REPORTING COMPLIANCE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition was filed seeking quashing of endorsement dated 08.10.2020 issued by the BDA stating that the petitioner would not be entitled to allotment of an alternative site in respect of 5 guntas of his land which had been utilized for the purpose of formation of a park. 2. During the pendency of this petition, submissions had been made on behalf of BDA that the request of the petitioner for allotment of alternative site was under active consideration and that alternative site would be handed over to the petitioner. However, thereafter, the BDA has filed an affidavit stating that as a matter of fact, the land of the petitioner - 3 - NC: 2025:KHC:1998 WP No. 13658 of 2022 measuring 5 guntas which was formerly in Sy.No.41/1 and presently in Sy.No.41/6 has not been utilized. A sketch is also produced indicating that 5 guntas of land has not been utilized and the said extent is also demarcated. 3. The BDA has also stated that it has not utilized the land for any purpose and in the affidavit of the Commissioner at paragraph 6, it is stated that the land of the petitioner is a vacant land and it is not a part of the park developed by the BDA. It is also stated in the affidavit that the petitioner would have access to this extent of 5 guntas from the pathway made in the said park. 4. In light of the above affidavit, it is clear that the petitioner would be entitled to utilize the extent of 5 guntas which is owned by her, since the same has not been acquired in the manner known to law. The petitioner shall, as undertaken by the Commissioner, BDA, have access to this extent of 5 guntas of land - 4 - NC: 2025:KHC:1998 WP No. 13658 of 2022 through the pathway in the park. The concerned official of the BDA shall file an affidavit within a period of one week indicating the pathway and also state in the affidavit that the petitioner would have unhindered right of access to his property through the pathway that would be indicated in the sketch along with the affidavit of the BDA. 5. Writ Petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 35