- 1 - NC: 2025:KHC:8702 WP No. 13235 of 2018 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. 13235 OF 2018 (LA-BDA) BETWEEN: 1. DIPTI PATEL W/O HARISH PATEL AGED ABOUT 67 YEARS HOMEMAKER, 2. NEENA R PATEL W/O LATE ROHITH R PATEL AGED ABOUT 65 YEARS BOTH ARE DAUGHTERS OF LATE SRI.N.M.PATEL, RESIDING AT NO.19/27, 1ST MAIN ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. …PETITIONERS (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8702 WP No. 13235 of 2018 BENGALURU-560 020 REP BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. G.S. KANNUR SENIOR COUNSEL FOR SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2; SPOORTHY HEGDE N., HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS - AUTHORITIES TO ALTERNATIVE LAND IN ANY ONE OF THE DEVELOPED LAYOUTS FORMED BY IT IN LIEU OF COMPENSATION IN REQUEST OF ACQUISITION OF 0-12.75 GUNTAS OF LAND AND 0-02.75 GUNTAS OF LAND IN SY. NO. 3/2 AND 3/1 RESPECTIVELY OF PANTHARAPALYA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK WHICH WERE ACQUIRED FOR THE PURPOSE OF CONSTRUCTION OF GRADE SEPARATOR AND IN ALTERNATIVE SEEK FOR ISSUANCE OF AN APPROPRIATE WRIT DIRECTING THE RESPONDENTS TO PAY COMPENSATION FOR ACQUISITION OF AFORESAID LAND OF THE PETITITONERS UNDER THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013; 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 - 3 - NC: 2025:KHC:8702 WP No. 13235 of 2018 ORAL ORDER Petitioners are before this Court seeking issue a direction to the respondents to allot alternative site in any one of the developed layouts formed by it, in lieu of compensation in respect of acquisition of 0-12.75 guntas of land and 0-02.75 guntas of land in Sy. Nos.3/2 and 3/1 respectively of Pantharapalya village, Kengeri Hobli, Bengaluru South Taluk which were acquired for the purpose of construction of grade separator and in the alternative for a direction to the pay compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. Case of the petitioners is that they are the joint owners in possession and enjoyment of land approximately measuring 2 acres forming part of Sy.No.3/2 and 3/1A of Pantharapalya village, Kengeri Hobli, Bengaluru South Taluk having inherited the same through their father Late. N.M. Patel. The said land has been converted from agricultural to non- agricultural commercial and industrial uses. That the - 4 - NC: 2025:KHC:8702 WP No. 13235 of 2018 respondent-BDA sought to acquire an extent of 0-12.75 guntas of land and 0-02.75 guntas of land in Sy. Nos. 3/2 and 3/1 respectively for the purpose of construction of grade separator in the junction point of outer ring road and Bengaluru-Mysore Road, Naindahalli, Bengaluru. Objections were filed, notice dated 02.06.2011 were issued by the respondent-BDA calling upon them to appear for consideration of their objections. The Land Acquisition Officer, overruled the objections of the petitioners and recommended for issuance of declaration. Accordingly, notification in terms of Section 19(1) of the Bangalore Development Authority Act, 1976 on 07.06.2013. Notice under Section 9 and 10 of the Land Acquisition Act, 1894 was issued in the name of the father of the petitioners, who had by then passed away. Petitioners submitted the representation on 29.07.2013, to the respondent No.2 requesting for allotment of alternate site in developed layout in lieu of acquisition of their property. A draft award dated 18.12.2013 awarding compensation in respect of the acquired land was passed and the same approved. Petitioners were called upon to furnish the documents for the purpose of payment of compensation. The petitioners had also had an - 5 - NC: 2025:KHC:8702 WP No. 13235 of 2018 option to seek allotment of alternate sites in lieu of the compensation. A sum of Rs.33,13,192/- was awarded as seen in the notice dated 31.12.2013 produced at Annexure-K. petitioners were directed by respondent-BDA to execute an agreement to accept the allotment of alternate site in lieu of compensation with an undertaking that they would not approach the Court and cause any inconvience for the development of the land. Petitioners had accordingly submitted the affidavit and indemnity bond in favour of the respondent-BDA as called for and directed on the assurance that they would be allotted alternate sites in lieu of the compensation. That without taking possession in the manner known to law and without complying with the assurance of allotment of alternate sites, the respondent-BDA without the consent of the petitioners demolished the compound and building that was standing in the acquired portion of the land and on learning about the same, petitioners submitted their representation. On 23.07.2015, Land Acquisition Officer of the respondent No.2-BDA had issued a notice, calling upon the petitioners to produce documents to consider their case for allotment of alternate site. In response to which, the - 6 - NC: 2025:KHC:8702 WP No. 13235 of 2018 petitioners vide letter dated 19.08.2015, submitted the documents. However, despite repeated requested and compliance made by the petitioners, the respondent-BDA has failed to consider the request for allotment of alternate sites as promised and assured. The respondent No.2-BDA has thus neither deposited the compensation nor has given an alternate sites. The petitioners thereafter made representations on 25.01.2017, 27.02.2017, 10.07.2017 and also caused issuance of notice to their counsel on 08.12.2017. Till date, there has been no response. Hence, the petition. 3. Counsel for the Petitioners submits that since neither the award is passed nor the compensation is paid or the alternate site is allotted, the petitioners are entitled for direction for allotment of alternate land as assured by the respondent-BDA or compensation in terms of the provisions of Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 2013. 4. Hence, following; - 7 - NC: 2025:KHC:8702 WP No. 13235 of 2018 ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 25.01.2017, 27.02.2017, 10.07.2017 as per Annexures-X, Z and AA of the petition and after giving an opportunity of personal hearing to the petitioners 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 List No.: 2 Sl No.: 88