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2025 DAILYLAW 46437 (KAR)

SRI N RAMACHANDRAIAH v. THE STATE OF KARNATAKA

WP/23647/2023 · 2025-02-24

M G S Kamal

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Judgment text

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- 1 - NC: 2025:KHC:8737 WP No. 23647 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. 23647 OF 2023 (LA-BDA) BETWEEN: SRI N RAMACHANDRAIAH S/O LATE NADKERAPPA AGED ABOUT 65 YEARS, R/AT NO.79/9, 6TH CROSS ROAD, BASAVESHWARA NAGAR, BANGALORE-560 079. …PETITIONER (BY SRI. MONICA PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, ROOM NO.428-A, VIKASA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY. 2. BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARAPARK WEST BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER. 3. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARAPARK WEST BANGALORE-560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1; SRI. B. LETHIF.,ADVOCATE FOR R2 & R3) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8737 WP No. 23647 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DTD SEPTEMBER 30, 2021 (ANNEXURE-A) AND CONSEQUENTLY DIRECT THE RESPONDENTS TO ALLOT AND DELIVER DEVELOPED SITES TO AN EXTENT OF 19,166 SQ.FT. IN LIEU OF ACQUISITION OF THE PETITIONERS LAND IN SY.NO.93/2, KANNAHALLI VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE PURSUANT TO THE AWARD IN LAC.NO.155/2009- 10/2017-18 DTD JUNE 23, 2018 ANNEXURE-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 ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to the respondents to consider the representation made by the petitioner dated 30.09.2021 as per Annexure-A and consequently direct the respondents to allot and deliver developed sites to an extent of 19,166 sq. ft., in lieu of acquisition of the petitioner's land in Sy.No.93/2, Kanalli Village, Yeshwanthpur Hobli, Bangalore North Taluk, Bangalore pursuant to the award in LAC No.155/2009-10/2017-18 dated 23.06.2018 as per Annexure-B. 2. Case of the petitioner is that his mother Smt.Narasamma had entered into an agreement of sale dated - 3 - NC: 2025:KHC:8737 WP No. 23647 of 2023 07.08.2008 with certain Bylappa, Venkatappa and Revanna all sons of one Lakshmaiah the erstwhile owners of the land bearing Sy.No.93/2 measuring 2 acres situated at Yeshwanthpura Hobli, Kanalli Village, Bangalore North Taluk. That in terms of compromise entered into in a suit for specific performance filed by said Narasamma in O.S.No.320/2012, the said vendors had released their rights in respect of the aforesaid property in favour of said Narasamma. The said land in the meanwhile has been acquired by the respondent-BDA for formation of Nadaprabhu Kempegowda Layout. That in terms of award notice dated 23.06.2018 bearing LAC No.155/2009- 2010/2017-18 issued under Section 12(2) of the Land Acquisition Act it was intimated that the mother of the petitioner would be entitled for 19166 sq. ft. of developed sites towards compensation of two acres of acquired land. That the mother of the petitioner had made several representations which were not considered. Mother of the petitioner executed release deed dated 21.01.2021 in favour of the petitioner pursuant to which petitioner is entitled for all the benefit that would accrue out of acquisition of the aforesaid land. Petitioner had made representation on 30.09.2021 to respondent No.3 - 4 - NC: 2025:KHC:8737 WP No. 23647 of 2023 seeking allotment of sites in lieu of compensation as per the award notice dated 23.06.2018 which has not been considered till date. Hence, the petition. 3. Learned counsel for the respondent -BDA submit given some time, case of the petitioners would be reconsidered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation of the petitioner dated 30.09.2021 as per Annexure-A. 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 SBN List No.: 2 Sl No.: 185