- 1 - NC: 2025:KHC:8740 WP No. 29421 of 2023 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. 29421 OF 2023 (LA-BDA) BETWEEN: SMT FAHMIDA BEGUM W/O M NASRULLA SHARIFF, AGED ABOUT 69 YEARS, R/AT 25, KENCHAPPA ROAD, 3RD CROSS, FRAZER TOWN, BENGALURU-560 005 …PETITIONER (BY SRI. SANGAMESHA B, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, K P WEST, BANGALORE-560 020 3. THE DEPUTY COMMISSIONER LAND ACQUISITION, B.D.A., K P WEST, BANGALORE-560 020 …RESPONDENTS (BY SRI SPOORTHY HEGDE.N, ADVOCATE FOR R1; SRI K.KRISHNA, ADVOCATE FOR R2 AND R3) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8740 WP No. 29421 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO ALLOT AN ALTERNATIVE SITE IN ARKAVATHI LAYOUT AND EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONER IN LIEU OF HER SITE ACQUIRED BY THE R2 WITHOUT PAYING THE COMPENSATION TO THE PETITIONER. 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 No.2 to allot an alternate site in Arakavathi Layout, and to execute deed of sale in favour of the petitioner in lieu of her site acquired by respondent No.2 without paying the compensation. 2. Case of the petitioner is that she had purchased a site No.11, old khata No.470/11 forming part in Sy.No.85/1A situated in Tanisandra Village, K.R.Puram Hobli, Bengaluru South Taluk, measuring '30X40' along with asbestoses sheet roof house in terms of deed of sale dated 22.08.1992. Respondent No.2 acquired the said land for formation of Arkavathi Layout, in which the site of the petitioner was formed. Petitioner made representation on 01.01.2013 to the - 3 - NC: 2025:KHC:8740 WP No. 29421 of 2023 respondent No.2 seeking to denotify her property. Certain site owners as that of the petitioner had filed a writ petition in W.P.No.34161/2013. Which was disposed of directing the respondent to consider the representation vide order dated 30.09.2013, directing the respondent to consider the same in accordance with law. Petitioner since similarly situated made a representation on 03.11.2023 as per Annexure-J, which is not considered till date. Hence, the petition seeking the above relief. 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 representation dated 03.11.2023 as per Annexure-J of the petition for the purpose of allotment of alternative site after giving an opportunity of personal hearing to the petitioner and thereafter if - 4 - NC: 2025:KHC:8740 WP No. 29421 of 2023 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.: 192