- 1 - NC: 2025:KHC:8687 WP No. 16996 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. 16996 OF 2024 (LA-BDA) BETWEEN: 1. SRI VIDYA M W/O JAGGANATH S AGED ABOUT 50 YEARS R/AT NO.22, 4TH CROSS KRPS QUARTERS, VENKATAPURA EXTENSION VENKATAPURA POST BENGALURU - 560 034. …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 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:8687 WP No. 16996 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 PETITOINER DTD. 08.07.2021 AND 06.06.2022 AS PER ANNX-J AND J1 RESPECTIVELY FOR ALLOTMENT OF SITE BEARING NO. 3149, 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 27.11.2002 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 respondent -BDA to consider the representations dated 08.7.2021 and 06.06.2022 as per Annexure-J and J1 for allotment of site bearing No.3149 measuring 30 ft. X 40 ft. situated at 1st block, Sir M. Vishweshwaraiah Layout as an alternate site in terms of recommendation made by the Executive Engineer of the respondent -BDA and the correct dimension report furnished as - 3 - NC: 2025:KHC:8687 WP No. 16996 of 2024 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 27.11.2002 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 she is the purchaser of revenue site bearing No.62, Katha No.274/294, measuring 30 ft. X 40 ft. forming part of land in Sy.No.29/1, situated at Ullal Village, Yeshwanthpura North Taluk in terms of deed of sale dated 16.12.1993, which was acquired for the purpose of formation of Sir. M. Vishweshwaraiah Layout as per the notification dated 31.10.2002 issued by the respondent -BDA. 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 call from the respondent -BDA. The respondent - 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 Spl. Land - 4 - NC: 2025:KHC:8687 WP No. 16996 of 2024 Acquisition Officer and the Commissioner has approved the same by order bearing No.2458 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 respondent -BDA has not taken action for allotment of the site. Hence, the petition. 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 respondent -BDA. Aggrieved by the in action on the part of the respondent -BDA, petitioner is before this Court. 4. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all requirements of the - 5 - NC: 2025:KHC:8687 WP No. 16996 of 2024 respondent-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 respondent-BDA shall consider the representations dated 08.07.2021 and 06.06.2022 produced at Annexures-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.: 217