- 1 - NC: 2025:KHC:8686 WP No. 16991 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. 16991 OF 2024 (LA-BDA) BETWEEN: 1. SRI BASAVARAJU B V S/O VEERAPPA AGED ABOUT 62 YEARS R/AT NO.40/154, 5TH CROSS PRIYADARSHINI LAYOUT NAGARABHAVI BENGALURU -560072. …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 AQUSITION OFFICER BANGALORE DEVELPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH RAOD BANGALORE 560020. 3. DEPUTY SECRETARY- I BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE -560 020. …RESPONDENTS (BY SRI. BASAVARAJA H T, ADVOCATE FOR R1 TO R3) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8686 WP No. 16991 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD. 01.10.2020 AND 16.12.2021 AS PER ANNX-J AND J1 RESPECTIVELY FOR ALLOTMENT OF SITE BEARING NO.3147, MEASURING 30 X 40 SITUATED AT 1ST BLOCK, SIR M.V. LAYOUT IN FAVOUR OF THE PETITIONER AS AN ALTERNATIVE SITE ON THE BASIS OF THE RECOMMENDATION MADE BY EXECUTIVE ENGINEER BDA AND CD REPORT FURNISHED BY THEM AS PER ANNX-G AND H RESPECTIVELY AND EXECUTE THE SALE OF THE SITE BY ACCEPTING ALLOTMENT PRICE PREVAILING AS ON THE DATE OF MAKING AN APPLICATION i.e., ON 16.12.2002 AS PER THE DIRECTION ISSUED BY THIS HONBLE COURT IN IDENTICAL CASES IN W.P.NO.53727/2016 DTD. 15.02.2019 AND IN W.P.NO. 34067/2016 DTD. 08.02.2019 AS PER ANNX-K AND M RESPECTIVELY. 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 directing the respondents-BDA to consider the representations dated 01.10.2020 and 16.10.2021 as per Annexure-J and J1 for allotment of site bearing No.3147 measuring 30 ft. X 40 ft. situated at 1st Block, Sir M. Vishweshwaraiah Layout as an alternate site in terms of recommendation made by Executive Engineer of the respondents -BDA and the correct dimension report furnished - 3 - NC: 2025:KHC:8686 WP No. 16991 of 2024 as per Annexures-G and H and to execute deed of sale by accepting the allotment price prevailing on the date of making the application on 16.12.2002 as per the directions issued by this Court in W.P.No.53727/2016 vide order dated 15.02.2019 and in W.P.No.34067/2016 dated 08.02.2019 as per Annexures-K and M respectively. 2. Case of the petitioner is that he is the purchaser of revenue site bearing No.37, Katha No.28 measuring 30 ft. X 40 ft. forming part of land in Sy.No.28/2, situated at Ramasandra Village, Gramatana, Sulikere Grama Panchayath, Kengeri Hobli, Bangalore South Taluk in terms of the sale deed dated 13.10.1997 which was acquired for the purpose of formation of Sir. M. Vishweshwaraiah Layout as per notification dated 31.10.2002 issued by the respondents-BDA. That in the light of directions issued by this Court in the case of JUNJAMMA VS. BANGALORE DEVELOPMENT AUTHORITY (ILR 2005 KAR. 608) the petitioner being the revenue site owner is entitled for an alternate site as such has obtained registration. The respondents -BDA had called upon the petitioner to furnish the necessary documents which were complied with. After verification of the documents an order has been passed by the - 4 - NC: 2025:KHC:8686 WP No. 16991 of 2024 Spl. Land Acquisition Officer and the Commissioner has approved the same by order bearing No.2459 dated 07.07.2022 directing to identify the alternate site in Sir. M. Vishweshwaraiah Layout to be allotted in favour of the petitioner. Accordingly, the aforesaid site has been identified. In spite of the recommendation the respondents -BDA has not taken action for allotment of the site. 3. In the identical circumstances, Coordinate Bench of this Court by order dated 15.02.2019 passed in W.P.No.53727/2016 has held that revenue site holders are entitled for alternate site for allotment at the price to be determined as on the date of making the application, which order has been confirmed by the Division Bench of this Court in W.A.No.470/2020 dated 21.01.2021 which is further confirmed by the Apex Court by dismissing the Spl. Leave Petition filed by the respondents -BDA. Aggrieved by the in action on the part of the respondents -BDA petitioner is before this Court. 4. Counsel for the respondents -BDA submit given some time and on petitioner satisfying all the requirements of - 5 - NC: 2025:KHC:8686 WP No. 16991 of 2024 respondents-BDA, case of the petitioner would be considered in accordance with law. 5. Submission is taken on record. 6. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondents-BDA shall consider the representations dated 01.10.2020 and 16.12.2021 produced at Annexure -J and J1 of the petitioner after giving an opportunity of personal hearing and 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 RU, List No.: 2 Sl No.: 216