- 1 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 20355 OF 2025 (BDA) BETWEEN: 1. SMT. PUSHPA M.S., W/O LATE SHRI. KUMAR K.R, AGED ABOUT 66 YEARS, R/AT NO.1098, 19TH B MAIN, NEAR J.P.NAGAR POLICE STATION, J.P.NAGAR 2ND PHASE, BENGALURU-560 078. 2. SMT. USHA K.R, W/O LATE SHRI. SHIVARAMAKRISHNA V.T, AGED ABOUT 75 YEARS, R/AT NO.65, ANNAPURNA, 21ST MAIN, 6TH CROSS, GOVINDARAJA NAGAR, VIJAYANAGAR, BENGALURU- 560 040 …PETITIONERS (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PART WEST, BENGALURU- 560 020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 2. THE DEPUTY SECRETARY-I, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PART WEST, BENGALURU- 560 020. …RESPONDENTS (BY SRI. AJAY KUMAR M., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 22- 04-2025 AS PER ANNEXURE-J FOR ALLOTMENT OF SITE BEARING NO. 777 AND 778 MEASURING 40 X 60 EACH SITUATED BANASHANKARI 6TH STAGE, 10TH BLOCK LAYOUT (FORMED IN SY. NO.70 OF HEMMIGEPURA VILLAGE) AND ANOTHER TWO SITES BEARING NO. 107 AND 109 MEASURING 30 X 40 EACH SITUATED AT BANASHANKARI 6TH STAGE, 7TH BLOCK LAYOUT (FORMED IN SY.NO.19 OF SOMPURA VILLAGE) UNDER INCENTIVE SCHEME AND TO ISSUE ALLOTMENT LETTER AND TO EXECUTE ABSOLUTE SALE DEED OF THE SAID SITES IN FAVOUR OF THE PETITIONERS FOR HAVING ACQUIRED 3 ACRES 5 GUNTAS OF LAND IN SY.NO.20/2, 21/A AND 21/2 OF GANAKALLU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, AS PER THE REPORT SUBMITTED BY THE DEPUTY SECRETARY-1 DATED 12-04- 2023 BEARING NO. BDA/DS-1/49/2023-24 AS PER ANNEXURE-F AND ALSO THE CD REPORT OF THE SITE FURNISHED BY THE ENGINEERING DEPARTMENT AS PER ANNEXURE-G, G1 TO G3 AND ALSO AS PER THE REPORT SUBMITTED BY THE DEPUTY SECRETARY-1 TO THE LOKAYUKTHA BEARING NO. BDA/COMM/DS-1/1574/2024- 25 DATED 03-02-2025 AS PER ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking the following reliefs: "a) Issue writ in the nature of Mandamus to consider the representation filed by the petitioner dated: 22- 04-2025 as per ANNEXURE-J for allotment of site bearing No.777 & 778 measuring 40 x 60 each situated Banashankari 6th Stage, 10th Block Layout (formed in Sy. No.70 of Hemmigepura Village) and another two sites bearing No. 107 and 109 measuring 30 x 40 each situated at Banashankari 6th Stage, 7th Block Layout (formed in Sy. No. 19 of Sompura Village) under incentive scheme and to issue allotment letter and to execute absolute sale deed of the said sites in favour of the petitioners for having acquired 3 acres 5 guntas of land in Sy.No.20/2, 21/A & 21/2 of Ganakallu Village, Kengeri Hobli, Bengaluru South Taluk, as per the report submitted by the Deputy Secretary-1 dated: 12-04-2023 bearing No. BDA/DS-1/49/2023-24 as per Annexure:F and also the CD report of the site furnished by the engineering department as per Annexure-G1 to G3 and also as per the report - 4 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 submitted by the Deputy secretary-1 to the Lokayuktha bearing No.1/1574/2024-25 dated:03- 02-2025 per Annexure:K. b) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents-BDA. 3. The case of the petitioners is that the first petitioner's husband and the second petitioner were allotted 3 incentive sites measuring 40 x 60 feet each at Banashankari 6th Stage, 11th Block layout, by resolution of the BDA dated 28.03.2003, under the incentive scheme for landowners who had voluntarily surrendered their lands for development. The petitioners were accordingly issued allotment letters in 2004 for site Nos.871, 876 and 877, and they have paid the full sital value. However, the BDA failed to execute the sale deeds in their favour. - 5 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 4. The petitioners later discovered that the said sites were wrongly allotted to the third parties, despite full payment by them. Consequently, they filed a complaint before the Lokayuktha, alleging irregularities by the BDA officials. Upon enquiry, the Deputy Secretary-1 of the BDA submitted a report to the Lokayuktha on 03.02.2025, acknowledging the petitioners’ entitlement and identifying site Nos.777 and 778 (each measuring 40 x 60 feet) each in Banshankari 6th Stage, 10th Block and site Nos.107 and 109 (each measuring 30 x 40 feet) each in Banshankari 6th Stage, 7th Block layout, as suitable sites to be allotted to the petitioners under the same incentive scheme. 5. It is the grievance of the petitioners that despite the said recommendation and the report of the Engineering Department confirming the availability of the sites, the respondents have not issued allotment letters nor executed the absolute sale deeds in their favour. - 6 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 6. Learned counsel for the respondents submits that the petitioners’ representation dated 22.04.2025 will be considered in accordance with law within a reasonable time. 7. The submission is recorded. 8. The grievance of the petitioners would be redressed if appropriate directions are issued to the respondents to consider and decide the same expeditiously. Accordingly, this Court pass the following: ORDER i. The writ petition stands disposed of. ii. The Commissioner, Bangalore Development Authority is directed to consider the petitioners’ representation dated 22.04.2025 at Annexure-J for allotment of site Nos.777 and 778 measuring 40 x 60 feet each at Banashankari 6th Stage, 10th Block layout and Site Nos.107 and 109 - 7 - HC-KAR NC: 2025:KHC:45124 WP No. 20355 of 2025 measuring 30 x 40 feet each at Banshankari 6th Stage, 7th Block in accordance with the report dated 12.04.2023 of the Deputy Secretary-1, BDA and the report dated 03.02.2025 submitted to the Lokayuktha, and to pass appropriate orders in accordance with law, within an outer limit of eight weeks from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2