Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8694 WP No. 23165 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.23165 OF 2024 (LA-BDA) BETWEEN:
SMT. AMARAVATI W/O R. PRAKASH, AGED ABOUT 64 YEARS, R/AT BIDARAKOTE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI SUNDARESH H C, ADVOCATE) AND:
1.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020.
2.
THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020.
3.
DEPUTY SECRETARY - 1 BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020. …RESPONDENTS (BY SRI G.P.KANNUR, SENIOR COUNSEL FOR SRI MURUGESH V. CHARATI, ADVOCATE)
Digitally signed by ROOPA R U Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8694 WP No. 23165 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD.
26.09.2017 AND 08.11.2023 AS PER ANNX-G AND G1 RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITE AT SIR.M.V. LAYOUT OR ANY OTHER LAYOUT IN LIEU OF ACQUISITION OF PETITIONERS REVENUE SITE BEARING NO.23 B(1) MEASURING 30 X 40, SITUATED AT ULLAL VILLAGE FOR THE FORMATION OF SIR.M.V. LAYOUT, AS PER THE ORDER PASSED BY SPECIAL LAND ACQUISITION OFFICER DTD 30.07.2022 AND ALSO RECOMMENDATION MADE BY DEPUTY SECRETARY AND SECRETARY DTD 19.02.2024 AS PER ANNEXURE-F AND ETC.,
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 is before this Court seeking issue of writ of mandamus to the respondent to consider representations filed by the petitioner dated 26.09.2017 and 08.11.2023 as per Annexure-G and G1 respectively for allotment of alternative site at Sir M.Vishweshwarayya Layout or any other layout in lieu of acquisition of petitioners revenue site bearing No.23 B(1) measuring 30 x 40, situated at Ullal Village for the formation of Sir M.Vishweshwarayya Layout, as per the order passed by respondent-SLAO dated 30.07.2022 and also recommendation made by the Secretary and Deputy Secretary dated 19.02.2024 as per Annexure-F.
2. Case of the petitioner is that she had purchased a revenue site No.57, Khaneshumari No.17:18/57, measuring
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NC: 2025:KHC:8694 WP No. 23165 of 2024
40X60 feet, under registered deed of sale dated 28.10.1991 which was formed in land bearing Sy.No.47/3, situated at Gidadakonenahalli Village, Yeshwantpura Hobli, Bengaluru South Taluk. That the said land has been acquired by the respondent-BDA for formation of Sir M.Vishweshwarayya Layout. That some of the revenue site owners had approached this Court seeking allotment of alternate site and this Court in its judgment passed in the case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608 had held the site owners are entitled for alternate site.
Petitioner accordingly deposited the prescribed registration fee and obtained registration card. Petitioner was issued with an intimation letter regarding visit by representatives of respondent-BDA. The representatives of respondent-BDA submitted a report recommending an alternate site to the petitioner. An order dated 31.12.2010 was passed for allotment of alternate site in favour of the petitioner. Though, several representations has been made by the petitioner no action has been taken. Hence, the petition.
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NC: 2025:KHC:8694 WP No. 23165 of 2024
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representations 26.09.2017 and 08.11.2023 as per Annexure-G and G1 of the petition for the purpose of allotment of alternative site after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is 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 RL