- 1 - NC: 2025:KHC:8704 WP No. 4296 of 2020 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. 4296 OF 2020 (LA-BDA) BETWEEN: SRI. K C NANJAPPA S/O LATE CHANNEGOWDA, AGED ABOUT 58 YEARS, R/AT NO.35, KADEMANE, KAMAKSHIPALYA, MAGADI MAIN ROAD, BANGALORE-560 038. …PETITIONER (BY SRI. SUNDARESHAN H C.,ADVOCATE) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE-560 020. 2. THE SPECIAL LAND ACQUISITON OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE-560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, NO.3, WEST SUB DIVISION, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8704 WP No. 4296 of 2020 BDA COMPLEX, VIJAYANAGAR, BENGALURU-560 040. …RESPONDENTS (BY SRI. N.R. GIRISHA.,ADVOCATE FOR R1 TO R3) 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.25.03.2015 AS PER ANNEXURE-C FOR ALLOTMENT ALTERNATIVE LAND FOR HAVING ILLEGALLY UTILIZED 20 GUNTAS OF LAND IN SY NO.52/5 SITUATED AT SHREEGANDAKAVALU VILLAGE, YESHWANTHAPURA HOBLI, BENGLAURU NORTH TALUK FOR THE FORMATION OF OUTER RING ROAD CONNECTING FROM MAGADI ROAD TO MYSURU ROAD AS PER HE RESOLUTION PASSED BY THE BDA IN SUBJECT NO.102/2006 AS PER ANENXURE-B. 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 - 3 - NC: 2025:KHC:8704 WP No. 4296 of 2020 ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to consider the representation dated 25.03.2015 as per Annexure-C for allotment of alternate land in lieu of utilization of 20 guntas of land in Sy.No.52/5 situated at Srigandhakavalu Village, Yeshwantpura Hobli, Bengaluru North Taluk for the purpose of formation of outer ring road connecting from Magadi Road to Mysore Road as per resolution passed by the respondent-BDA in subject No.102/2006 as per Annexure- B. 2. Case of the petitioner is that he is the owner of land bearing Sy.No.52/5 measuring 1 acre and 14 guntas situated at Shreegandhakavalu Village, Yeshwantpura Hobli, Bengaluru North Taluk. 20 guntas of which has been acquired by the respondent-BDA for aforesaid purpose without paying compensation. Representations were made by the land owners to grant 75% of the developed land as their land having been acquired without acquisition. That the Co-ordinate Bench of this Court in its order passed in the case of P.Manohar Reddy Vs. Commissioner, BDA reported in 2018(1) KCCR 356 as well as in another order dated 16.08.2018 passed in - 4 - NC: 2025:KHC:8704 WP No. 4296 of 2020 W.P.No.35437/2017 have held that if the respondent-BDA had utilised the property of the citizens without initiating acquisition proceedings, the such citizens are entitled for compensation equal to the extent of their land utilised unauthorisedly. 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 25.03.2015 as per Annexure-C of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter 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 RL