- 1 - NC: 2025:KHC:8693 WP No. 23081 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. 23081 OF 2024 (LA-BDA) BETWEEN: SRI. SHIVARAJA S/O. BOREGOWDA, AGED ABOUT 64 YEARS, R/AT BIDARAKOTE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT. …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 SMT. POONAM S PATIL.,ADVOCATE FOR R1 TO R3) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8693 WP No. 23081 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 DATED 06.07.2017 AND 08.11.2023 AS PER ANNX-G AND G1 RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITE AT SIR.M.V. LAYOUT OR ANY OTHER LAYOUT IN LIEU OF ACQUISITION OF PETITIONERS REVENUE SITE BEARING NO. 23 B(1) MEASURING 30 X 40, SITUATED AT ULLAL VILLAGE FOR THE FORMATION OF SIR.M.V. LAYOUT, AS PER THE ORDER PASSED BY SPECIAL LAND ACQUISITION OFFICER DTD. 30.07.2022 AND ALSO RECOMMENDATION MADE BY DEPUTY SECRETARY AND SECRETARY DTD. 19.02.2024 AS PER ANNX-F AND ETC. 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 06.07.2017 and 08.11.2023 as per Annexures-G and G1 for allotment of alternate site at Sir M. Vishweshwaraiah Layout in lieu of revenue site bearing No.23/B(1), measuring 30 ft. X 40 ft. which was forming part of land in Sy.No.28/5 situated at Ullal Village, Gramatana, Yeshwanthapura Hobli, Bangalore North Taluk, which was - 3 - NC: 2025:KHC:8693 WP No. 23081 of 2024 acquired for formation of Sir. M. Vishweshwaraiah Layout in terms of notification dated 31.10.2002. 2. Case of the petitioner is that he purchased the aforesaid site in terms of a deed of sale dated 07.03.1994. That the land bearing Sy.No.28/5 of Ullal Village in which the aforesaid site formed part of has been acquired by the respondents-BDA for formation of Sri. M.Vishweshwaraiah Layout. That in terms of the judgment of this Court in the case of JUNJAMMA AND OTHERS VS. BANGALORE DEVELOPMENT AUTHORITY (ILR 2005 KAR. 608) petitioner being revenue site owner is entitled for alternate site. That the petitioner has deposited the prescribed registration fee before the respondents -BDA and has obtained registration call. He has also filed application under prescribed form for allotment of alternate site. That the petitioner had made representations dated 06.07.2017 and 08.11.2023 as per Annexures-G and G1 seeking allotment of alternate site in his favour. 3. In the identical circumstances, Coordinate Bench of this Court by order dated 15.02.2019 passed in - 4 - NC: 2025:KHC:8693 WP No. 23081 of 2024 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. 3. Counsel for the respondents-BDA submit given some time and on petitioner satisfying all requirements of the respondent-BDA, case of the petitioner would be considered in accordance with law. 4. Submission is taken on record. 5. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 06.07.2017 and 08.11.2023 produced at Annexures-G and G1 of the petitioner - 5 - NC: 2025:KHC:8693 WP No. 23081 of 2024 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.: 226