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2025 DAILYLAW 35218 (KAR)

SMT G SHIVAMMA v. THE COMMISSIONER

WP/32310/2024 · 2025-02-27

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8847 WP No. 32310 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 32310 OF 2024 (LA-BDA) BETWEEN: 1. SMT G SHIVAMMA D/O GIRIYAPPA AGED ABOUT 66 YEARS R/AT NO 15, 14TH MAIN ROAD NANDADEEPA HOUSING COLONY VIJAYANAGAR BANGALORE- 560 040. 2. SMT G LALITHAMMA W/O LATE GIRIJAKANTA BOVI AGE ABOUT 69 YEARS R/AT NO 19, 8TH MAIN ROAD, CENTRAL EXPRESS LAYOUT, VIJAYANAGAR BENGALURU - 560 040. 3. SMT G VIJAYA D/O GIRIYAPPA AGE ABOUT 62 YEARS R/AT NO 19, 8TH MAIN ROAD, CENTRAL EXPRESS LAYOUT, VIJAYANAGAR BENGALURU - 560 040. …PETITIONERS (BY SRI. PRAKASHA K V., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8847 WP No. 32310 of 2024 BELLARY ROAD, BANGALORE - 560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, BELLARY ROAD, BANGALORE - 560 020. 3. SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA BANGALORE - 560001 …RESPONDENTS (BY SRI. B. VACHAN, ADVOCATE FOR R1 AND R2; SRI. HANUMANTHARAYA LAGALI., AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE REPRESENTATION DATED 18.09.2014 AT ANNEXURE-J ACCORDINGLY ALLOT THE ALTERNATIVE SITES TO THE PETITIONERS. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking issue of writ of mandamus to the respondents to consider the representation dated 18.09.2014 as per Annexure-J submitted seeking allotment of alternate sites to the petitioners. - 3 - NC: 2025:KHC:8847 WP No. 32310 of 2024 2. Case of the petitioners is that petitioners 1 to 3 purchased the site bearing Nos.70, 68 and 69 respectively each measuring East to West 50 feet and North to South 30 feet all forming part of land in Sy.No.35/2 of Gidadakonenahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk under deeds of sale dated 05.02.1993. The said land in Sy.No.35/2 had been acquired by the respondents for the purpose of formation of Sir.M.Vishweshwaraiah Layout. That since the petitioners have purchased the sites forming part of the said land much prior to the date of acquisition, they had sought for deletion of said sites from acquisition or for allotment of alternate sites. 3. Learned counsel for the petitioners were entitled for allotment of alternate sites in terms of order passed in case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608 and that though representations were made by the petitioners for allotment of alternate sites, respondents have not considered the case of the petitioners. Hence, the petition. - 4 - NC: 2025:KHC:8847 WP No. 32310 of 2024 3. Learned counsel for the respondent -BDA submit given some time, case of the petitioners would be considered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation of the petitioners dated 18.09.2014 as per Annexure-J and after giving an opportunity of personal hearing to the petitioners and thereafter if the petitioners are found eligible appropriate orders shall be passed in accordance with law. 3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 43