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2025 DAILYLAW 45303 (KAR)

SMT. M. S. VIDYABHAVANI v. THE BANGALORE DEVELOPMENT AUTHORITY

WP/27597/2018 · 2025-02-27

M G S Kamal

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Judgment text

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- 1 - NC: 2025:KHC:8630 WP No. 27597 of 2018 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. 27597 OF 2018 (LA-BDA) BETWEEN: SMT. M. S. VIDYABHAVANI D/O SATHYANARAYANA GUPTA, AGED ABOUT 46 YEARS NO.332, 25TH CROSS, 9TH MAIN, BSK 2ND STAGE, BANGALORE-560 070. …PETITIONER (BY SRI. DAYANADA S PATIL, ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020 REPRSENTED BY ITS COMMISSIONER. 2. THE LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-506620 …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATE SITE MEASURING 40X60 TO THE PETITIONER WITHOUT DEMANDING FOR ANY SALE CONSIDERATION AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8630 WP No. 27597 of 2018 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 Petitioner claiming to have purchased the site bearing No.14 forming part of land in Sy.No.62, which is the subject matter of acquisition in respect of further extension of Sir M.Viveshwaraiah Layout had approached respondent-BDA seeking allotment of alternate site which has not been considered. Hence, the petition seeking direction to respondent-BDA to consider the representation. 2. Learned counsel for the petitioner further submit that the case of the petitioner falls within the directions issued by Co-ordinate Bench of this Court in Junjamma and others Vs The Bangalore Development Authority and others reported in ILR 2005 Kar 608 in W.P.Nos.42483, 42517/2002. Hence, seeks for directing respondent-BDA to consider the same. 3. On the other hand learned counsel for the respondent-BDA submits that if the petitioner complies with - 3 - NC: 2025:KHC:8630 WP No. 27597 of 2018 and satisfies the requirement and observation made in the said Judgment, case of petitioner would be considered. 4. Submission taken on record. 5. Petition is disposed of. Petitioner is at liberty to file fresh representation with necessary documents within thirty days from the date of receipt of certified copy of this order. The respondent-BDA to consider the same in the light of the observation and directions issued in Junjamma's Case. Such exercise shall be undertaken and appropriate order in accordance with law be passed within an outer limit of twelve weeks thereafter. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 59