- 1 - NC: 2025:KHC:941 WP No. 24624 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24624 OF 2021 (BDA) BETWEEN: SRI. K. VITHOBA AGED ABOUT 56 YEARS S/O. LATE K. GOVINDAIAH RESIDING AT NO.82, SRIHARI ELEGANT 4TH FLOOR - 2 NETAJI ROAD THAYGARAJANAGAR I BLOCK, I MAIN BANGALORE - 560 070 …PETITIONER (BY SRI. B.R. VISWANATH, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE - 560 002 …RESPONDENT (BY SRI. MURUGESH V. CHARATI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE BANGALORE DEVELOPMENT AUTHORITY I.E., THE RESPONDENT HEREIN, TO IMMEDIATELY ALLOT AN ALTERNATE SITE IN LIEU OF SITE NO.41, 4TH (H) BLOCK, F.E. OF BANASHANDARI VI PHASE, BANGALORE,WHICH WAS ALLOTED TO THE PETITIONER VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:941 WP No. 24624 of 2021 ORAL ORDER The petitioner is before this Court seeking issuance of direction to the respondent-BDA to allot an alternate site in lieu of Site No.41, 4th 'H' Block, further extension of Bananshankari VI Stage, Bengaluru, on the premise that the said site which is allotted as per Annexure-A, forms part of the land belonging to Karnataka Forest Department, who had enclosed the same by erecting the fence. 2. Consequent thereupon the petitioner made representation dated 26.01.2015 as per Annexure-F to the respondent-BDA, which had issued a communication as per Annexure-H dated 28.10.2015 - "C£Ë¥ÀZÁjPÀ n¥ÀàtÂ" by which respondent-BDA had communicated its decision to allot an alternate site to the petitioner. 3. Learned counsel for the petitioner submitted that though said communication was issued as far back as 28.10.2015, no action has been taken by the respondent-BDA till date. Hence the petition. 4. Learned counsel for respondent-BDA submits that given some time the representation of the petitioner at - 3 - NC: 2025:KHC:941 WP No. 24624 of 2021 Annexure-J, it would consider allotting the alternate site. Submission is taken on record. 5. This Court has come across innumerable cases of this nature which are pending and languishing in the office of the respondent-BDA for their consideration of allotment of alternate sites. This Court has also noticed despite several directions being issued by this Court, no effective actions have been taken by the respondent-BDA. It is not just in the case of allotment of alternative sites but also in the cases of allotment of sites in lieu of compensation as per the development scheme and also in the cases of allotment of incentive sites, etc. 6. In the circumstances, this Court had directed Senior panel members of respondent-BDA to make out a list of cases of this nature pending before this Court and the cases which are pending before the respondent- BDA and also to ascertain if there is any effective mechanism and means that can be adopted and established for speedy resolution of similar disputes, inasmuch as applicants as that of the petitioner herein have been running between the Court and office of - 4 - NC: 2025:KHC:941 WP No. 24624 of 2021 respondent-BDA for more than decades which does not meet the purpose for which the BDA is established. 7. In view of the above, a direction is issued to the respondent-BDA to prepare a list of the cases involving (i) allotment of alternate sites, (ii) allotment of incentive sites, (iii) allotment of sites in lieu of compensation as per the development schemes and the cases of like nature, which are pending either before this Court or before the respondent -BDA for consideration within two weeks. Respondent -BDA shall also come up with effective suggestions to resolve this matter effectively and expeditiously. This is in view of the fact that most of these cases require only administrative action at the hands of respondent-BDA, hardly requiring any judicial determination and interference. It is in this regard the aforesaid direction is issued. 8. Copy of this order be sent to the Chief Secretary, Urban Development Department, Government of Karnataka; Commissioner, BDA; Secretary, Legal Department; and to concerned Law Officers of the BDA. - 5 - NC: 2025:KHC:941 WP No. 24624 of 2021 9. Respondent-BDA shall consider the representation of the petitioner within an outer limit of three months from today. With the above observation, petition is disposed of. List this matter on 30.01.2025, only for the purpose of seeking response to the aforesaid direction and for further orders if any. SD/- (M.G.S. KAMAL) JUDGE RR List No.: 1 Sl No.: 12