- 1 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 6485 OF 2025 (BDA) BETWEEN: SRI SREENIVASA BHATTAR S/O. GOPALA BHATTAR, AGED ABOUT 65 YEARS, R/AT JANARDHANA SWAMY TEMPLE MAIN ROAD, DODDABALLAPURA- 561 203. …PETITIONER (BY SRI. SUPRITHA K.H., ADVOCATE) AND: 1. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU-560 020. REP BY ITS COMMISSIONER 2. THE DEPUTY SECRETARY -III THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU- 560 020. …RESPONDENTS (BY SRI. K KRISHNA., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DATED ENDORSEMENT 31-07-2021 VIDE NO.BDA/DS-3/989/2021-22 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-N. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has called in question, the endorsement dated 31.07.2021 (Annexure-N) issued by respondent No.2 whereby the respondent has demanded a sum of Rs.24,30,000/- as sital value for the proposed alterative site, despite the petitioner's application having been registered as early as in 2002-03 and despite earlier proceedings including the order dated 20.04.2015 of the Land Acquisition Officer, unequivocally recognising the petitioner's entitlement to an alternative site. 2. The petitioner claims to be the owner of a revenue site No.134, formed in Survey No.134, Khatha No.182, measuring 30 ft X 40 ft situated at Kommaghatta - 3 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 Village, Sulikere Panchayath, Kengeri Hobli, Bengaluru South Taluk (for short 'the schedule property'), purchased it under a registered sale deed dated 27.11.1993. 3. The land in question was notified for acquisition for formation of Sir M.Vishveshvaraiah Layout under the final notification dated 31.10.2002 issued by the Bangalore Development Authority (for short 'the BDA'). Relying on the judgment of this Court in the case of JUNJAMMA AND OTHERS Vs. BENGALURU DEVELOPMENT AUTHORITY1 (JUNJAMMA), the petitioner filed an application seeking allotment of an alternative site in lieu of his acquired revenue site. Based on the petitioner's materials and the law declared in JUNJAMMA's case (supra), the Special Land Acquisition Officer (for short 'the SLAO'), by order dated 20.04.2015 held that petitioner is entitled for alternative site. Initially BDA proposed site No.58 of Banashankari 6th Stage, 1st Block, upon discovering that the site was corner site, BDA decided not 1 ILR 2005 KAR 608 - 4 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 to allot it as an incentive site. Thereafter, BDA proposed site No.989 of Banashankari 6th Stage, 2nd Block measuring 9 x 12 mtr confirming that the site was vacant and free from third party rights. 4. Despite repeated representations and without issuing a fresh allotment letter, the BDA issued an endorsement dated 31.07.2021 demanding Rs.24,30,000/- as sital value for site No.989. The petitioner contends that this unilateral demand is contrary to principles of law. 5. In identical matter, this Court in the case of SMT.S.LAKSHMI Vs. THE BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER2 affirmed by the Division Bench in W.A.No.470/2020, disposed on 21.02.2021 and confirmed in SLP (C).No.3898/2021, wherein it has been categorically held that the sital value of alternative site allotted to the revenue site owners is required to be 2 WP.No.53727/2016 (BDA), D.D.15.02.2019 - 5 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 calculated as on the date of the application and not based on the latter or inflated market faves. 6. In identical circumstances, the respondent-BDA has allotted alternative sites to similarly placed land losers by collecting only Rs.1,71,720/- being the prevailing value on the date on which their applications were filed. The petitioner, whose application also dates back to 2002- 2003, made a fresh representation dated 20.02.2025 requesting reconsideration of same principles. 7. In the present case, the endorsement dated 31.07.2021 demanding a sum of Rs.24,30,000/- has been issued without even issuing an allotment letter and without affording any opportunity to the petitioner. The said endorsement is an unilateral demand unsupported by reasons and is contrary to the principles of law laid down in SMT. S.LAKSHMI's case. In view of the above, this Court pass the following: - 6 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 ORDER i) The writ petition is disposed of. ii) The impugned endorsement dated 31.07.2021 (Annexure-N) issued by respondent No.2 is hereby quashed. iii) The respondent-BDA is directed to consider the petitioner's representation dated 20.02.2025 (Annexure-T) for allotment of site No.989 or any other alternative site of equivalent dimension strictly in accordance with law laid down in JUNJAMMA's case (supra) and keeping in mind the order dated 24.02.2015 passed by the Land Acquisition Officer. iv) The respondent-BDA shall compute the sital value strictly as on the date of petitioner's application for allotment of an alternative site and shall issue a demand notice to the - 7 - HC-KAR NC: 2025:KHC:48130 WP No. 6485 of 2025 petitioner within a period of two (2) weeks from the date of receipt of a certified copy of this order. On receipt of such notice, if the petitioner is satisfied with the sital value so computed, he shall deposit the demanded amount with the respondent- BDA within a further period of two (2) weeks thereafter. If the petitioner is not satisfied, he is at liberty to file his reply/objections and upon such reply being filed, the respondent-BDA shall thereafter pass appropriate orders within a further period of eight (8) weeks, in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2