- 1 - NC: 2025:KHC:15454 WP No. 36137 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 36137 OF 2024 (LA-BDA) BETWEEN: SMT. LAKSHMAMMA, D/O. SRI. KONDAIAH, AGED ABOUT 77 YEARS, RESIDING AT NO. 79, 1ST 'D' MAIN ROAD, BINNY LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU - 560 040. …PETITIONER (BY SRI. MANJUNATHA H.A, ADVOCATE) AND: 1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDA, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15454 WP No. 36137 of 2024 4. THE ASSISTANT COMMISSIONER REALLOTMENT AND RECONVEYANCE DIVISION, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 5. TOWN PLANNER MEMBER, TOWN PLANNING SECTION, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED NOTIFICATIONS 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 claims to have purchased 4.4 guntas of land in Sy.No.30, new Sy.No.30/1 of Ramasandra Village, Kengeri Hobli, Bengaluru South Taluk, under registered sale deed dated 16.01.1995. It is contended that the name of the - 3 - NC: 2025:KHC:15454 WP No. 36137 of 2024 petitioner's vendor, Smt.P.N.Kanthamma was also entered in the land revenue records and pursuant to the petitioner's purchasing the property, the name of the petitioner was also entered in the land revenue records. The petitioner is seeking regularization of the property in question. However, in the impugned endorsement at Annexure-A dated 24.10.2024, it is clearly stated that the property in question falls within the park area in Sir.M.Visveshwaraiah Layout and it would be impermissible for the authorities to regularize the property in favour of the petitioner to enable the petitioner to put up a construction on the land in question. 2. However, this Court finds that in the case of Smt.Junjamma and Others vs. Bangalore Development Authority, reported in ILR 2005 KAR 608, this Court had issued certain directions to the State and the Bangalore Development Authority to consider the case of such revenue site holders for the grant of alternative site. Learned counsel for the respondent-BDA however submits that such benefit was granted to the revenue site holders in terms of the directions issued in Smt.Junjamma's case (supra) in the year, 2004 fixing a time frame for filing such application seeking - 4 - NC: 2025:KHC:15454 WP No. 36137 of 2024 alternative sites. At the direction of the State Government such time was extended till the year 2014 and therefore, it would be impermissible for the petitioner to now claim an alternative site. 3. In the considered opinion of this Court unless and until the respondents are able to point out that such information was given to the petitioner calling upon the petitioner to file such application seeking allotment of alternative sites, the petitioner cannot be kept away from seeking such benefit, which was given to similarly situated persons. 4. In that view of the matter, the writ petition stands disposed of, granting liberty to the petitioner to file an application before the Special Land Acquisition Officer, BDA seeking allotment of an alternative site within a period of three weeks from today. The Special Land Acquisition Officer is also directed to receive such application and consider the same for allotment of an alternative site in terms of the judgment passed in Smt.Junjamma's case, as expeditiously as possible and at - 5 - NC: 2025:KHC:15454 WP No. 36137 of 2024 any rate, within a period of eight weeks from the date of receipt of such application. 4. Needless to observe that the petitioner shall furnish all the requisite information regarding the ownership of the property in question along with the application. Sd/- (R DEVDAS) JUDGE rv CT: BHK