- 1 - NC: 2025:KHC:8707 WP No. 30258 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. 30258 OF 2024 (BDA) BETWEEN: SRI B N LAKSHMAIAH S/O LATE NARASIMHAIAH AGED ABOUT 55 YEARS R/AT NO. 24 BIG BANNIYAN TREE ROAD BHEEMANAKUPPE KENGERI HOBLI BENGALURU SOUTH BENGALURU - 560 060. …PETITIONER (BY SMT. RASHMI R., ADVOCATE) AND: 1. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU - 560 020. 2. THE SECRETARY BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU - 560 020. 3. THE DEPUTY SECRETARY-4 BANGALORE DEVELOPMENT AUTHORITY Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8707 WP No. 30258 of 2024 4. 5. 6. 7. T CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU -560 020. SRI. T.M. NEELAKANTAIAH S/O LATE MAHADEVAPPA AGED ABOUT 50 YEARS SRI. T.M. VISHVESHWARAIAH S/O LATE MAHADEVAPPA AGED ABOUT 45 YEARS SRI. T.M. SHIVANANDA S/O LATE MAHADEVAPPA AGED ABOUT 40 YEARS SRI. T.M. MAHESHWARA S/O LATE MAHADEVAPPA AGED ABOUT 37 YEARS RESPONDENTS NO.4 TO 7 ARE R/AT NO.660, WARD NO.7 M.G. ROAD ATB PARCEL SERVICE AGRAHARA RAMANAGARA - 571 511 RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI. G LAKSHMEESH RAO.,ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ALLOTMENT LETTER DATED:09.10.2024 IN 4/NPKL/B5-SE-1489/2024-25 ISSUED BY THE 3RD RESPONDENT -DEPUTY SECRETARY-4, BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMAR PARK WEST, BENGALURU - 560 020, PRODUCED AT ANNEXURE -K. - 3 - NC: 2025:KHC:8707 WP No. 30258 of 2024 THIS PETITION, COMING ON FOR ORDERS, 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 following reliefs: "(a) Issue a writ of certiorari or order or direction, in the nature of a writ, quashing the allotment letter dated 09.10.2024 issued by the respondent No.3, Deputy Secretary-4, Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru -560 020, produced at Annexure-K to the writ petition. (b) Issue a writ of mandamus, directing the respondents -BDA to allot six sites, as mentioned in the Engineering Section Report dated 04.07.2022 vide Annexure-B to the writ petition, in lieu of acquisition of his land bearing Sy.No.45/1A1, measuring 1 acre 15 guntas, situated at Kommaghatta Village, Kengeri Hobli, Bengaluru South Taluk, in the interest of justice and equity. (c) Issue a writ of mandamus, directing the respondents -BDA not to allot six sites i.e., site bearing Nos.6803, 6804, 1489, 6756 and 6757, situated at Kommaghatta Village, Kengeri Hobli, Bengaluru South Taluk and also the site bearing No.1429, situated at Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk, in favour of third parties, in the interest of justice and equity." 2. Case of the petitioner is that he was the erstwhile owner of land in Sy.No.45/1A1 measuring 1 acre 15 guntas of Kommaghatta Village, Kengeri Hobli, Bangalore South Taluk, which was acquired by respondent-BDA for the purpose of formation of Nadaprabhu Kempegowda Layout. Petitioner has - 4 - NC: 2025:KHC:8707 WP No. 30258 of 2024 not challenged the acquisition. Petitioner instead of receiving the compensation had requested for allotment of developed sites in the ratio of 40:60 as is entitled for 40% developed sites. The Special Land Acquisition Officer in the award notice dated 29.10.2014 in LAC No.449/2014-15 had specifically mentioned at Sl.No.5 entitlement of petitioner to the developed sites to the extent of 13177 sq. ft. A CD report was prepared stating petitioner being entitled for six sites of different dimensions bearing Nos.6803, 6804, each measuring 15x24 meters formed in Sy.No.45/1 and Site bearing No.1489 measuring 12x18 meters formed out of Sy.No.27/1A1 and sites No.6756 and 6757 each measuring 9x12 meters formed out of Sy.No.45/1 of Kommaghatta Village and another site bearing No.1429 measuring 6x9 meters formed out of Sy.No.57/2 of Bheemanakuppe Village. That correct dimension report has been issued by the Assistant Executive Engineer on 01.07.2022. When things stood thus, respondent-BDA tried to allot the very same sites in favour of third parties. Petitioner filed representation on 25.09.2024 requesting the respondent- BDA to allot the said sites to the petitioner. However, contrary to their own report one of the sites bearing No.1489 had been - 5 - NC: 2025:KHC:8707 WP No. 30258 of 2024 allotted in favour of respondents 4 to 7 by the impugned allotment letter dated 09.10.2024. Hence, the petition. 3. Learned counsel for the respondent-BDA submits if the petitioner is not insisting for quashing of the allotment of site already made in favour of private respondents as per Annexure-K their case would be considered in accordance with law. 4. Learned counsel for the petitioner submits suitable directions may be issued to the respondent-BDA. 5. In view of the above, following: ORDER 1. Petition is disposed of. 2. Respondent -BDA shall consider allotment of sites bearing No.6803, 6804, 6756 and 6757 all situated at Kommaghatta Village, Kengeri Hobli, Bangalore South Taluk and site bearing No.1429 situated at Bheemanakuppe Village in favour of the petitioner. 3. As regard site No.1489 which is already allotted to private respondents in terms of Annexure-K, the respondent-BDA shall consider allotting alternate site along with the aforesaid sites in the same layout. - 6 - NC: 2025:KHC:8707 WP No. 30258 of 2024 4. If the petitioner is found eligible for allotment of sites as above, appropriate orders shall be passed in accordance with law within an outer limit of four months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 24