- 1 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18862 OF 2025 (BDA) BETWEEN: SRI DEVARAJU K S/O SRI. KEMPALAKKAIAH AGED ABOUT 43 YEARS R/AT NO.37 KODIGEHALLI VILLAGE KODGEHALLI POST YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 092 …PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560 020 REPTD. BY ITS COMMISSIONER 2. THE SECRETARY T CHOWDAIAH ROAD Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 KUMARA PARK WEST BENGALURU 560 020 3. DEPUTY SECRETARY-I T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560 020 4. THE ASSISTANT EXECUTIVE ENGINEER THE BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560 020 …RESPONDENTS (BY SRI. VACHAN B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 13.03.2023, VIDE ANNEXURE-D AND ETC. 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 - 3 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: “a) Issue a writ in the nature of mandamus directing the Respondents to consider the representation of the Petitioner dated 13.03.2023, vide Annexure- D. b) Issue a writ in the nature of mandamus directing the Respondent to allot sites bearing Nos.4966, measuring 12 X 18 meters, situated at 7th Block, site bearing No. 4917, measuring 12 X 18 meters, situated at 6th Block, site bearing No.1971, measuring 12 X 18 meters, situated at 6th Block, site bearing No.1972, measuring 12 X 18 meters, situated at 6th Block, site bearing No.2814, measuring 24 X 15 meters, situated at 8th Block and site bearing No.1475, measuring 15 X 24 meters, situated at 1st Block Nadaprabhu Kempegowda Layout in favour of the Petitioner and to execute the absolute sale deed. c) Pass any order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 2. The petitioner claims to be the absolute owner of the property Sy.No.53/15P, measuring 2 acres situated at Kodigehalli Village, Yeshwanthapura Hobli, Rengaluru North Taluk. Out of 2 acres of land, 1 acre of 34 guntas was acquired by issuing final notification for the formation of Nadaprabhu Kempegowda Layout. The consent award was passed on 15.04.2021. The petitioner gave representation to the respondent to allot the petitioner alternative incentive sites to an extent of 17,489 square feet developed land under the 40:60 ratio and in light of the decision of the Apex Court in the case of Bondu Ramaswamy and Others Vs. Bengaluru Development Authority and Others1 (Bondu Ramaswamy). 3. The fact that the petitioner is a land loser is not in dispute and entitled developed land as well. The representation submitted by the petitioner dated 13.03.2023 (Annexure-D) is still pending consideration 1 (2010) 7 SCC 129 - 5 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 before the respondent-authority, compelling the petitioner to approach this Court in this writ petition. 4. Learned counsel for the respondent submits that the representation so submitted shall be considered in accordance with law and the petitioner would be allotted alternative sites as per his entitlement. 5. The submission is recorded. 6. The grievance of the petitioner would stand redressed if necessary directions are issued to the respondents to consider his representation. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. The respondents are directed to consider the petitioner’s representation dated 13.03.2023 (Annexure-D) and consider allotment of developed sites as per the consent award dated 15.04.2021 and pass appropriate orders in - 6 - HC-KAR NC: 2025:KHC:51507 WP No. 18862 of 2025 accordance with law within eight weeks from the date of receipt of the copy of this order. iii. The respondents not to allot the identified sites bearing Nos.4966, 4917, 1971, 1972, measuring 12x18 meters, 2814, measuring 24x15 meters and 1475, measuring 15x24 meters in Nadaprabhu Kempegowda Layout, till consideration of the representation in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 28