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2025 DAILYLAW 77815 (KAR)

THE COMMISSIONER v. SRI CHANDRASHEKHAR

WA/106/2023 · 2025-10-09

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39868-DB W.A. No.106/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.106/2023 (BDA) BETWEEN: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE - 560020. 2. THE DEPUTY SECRETARY-3 BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE - 560020. …APPELLANTS (BY SRI. B. VACHAN, ADV.,) AND: SRI. CHANDRASHEKHAR AGED ABOUT 48 YEARS S/O LATE SHIVA RAM R/AT. NO.172, OPP. VASUDHA BHAVAN TEACHERS COLONY, BSK I STAGE BANGALORE - 560078. …RESPONDENT (BY SRI. K.K. VASANTH, ADV.,) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED 03.03.2020 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:39868-DB W.A. No.106/2023 W.P. No.39344/2016 AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed against the impugned order dated 03.03.2020 passed by the learned Single Judge in W.P.No.39344/2016. 2. It is submitted by the learned counsel for the appellants that the site which was allotted on 25.02.2011 was later changed and that the demand was made with regard to the payment of additional value. 3. Having considered the contentions advanced, we notice that the site allotted on 25.02.2011 was altered not at the request of the respondent/writ petitioner, further there was no change in the price of the land which was offered as alternate land to the respondent. In an identical matter, the coordinate bench of this Court by its judgment dated 09.09.2025 passed in W.A.No.659/2025 has considered the identical issue and has held that there was no justification whatsoever for the appellants to seek additional sital - 3 - HC-KAR NC: 2025:KHC:39868-DB W.A. No.106/2023 value in view of the fact that the order of alteration of site also did not contain any such condition. 4. In the above view of the matter following the judgment of the coordinate bench of this Court dated 09.09.2025 passed in W.A.No.659/2025 this appeal is dismissed. All pending applications shall stand disposed. However, in view of the submissions made by the learned counsel for the appellants, two months time is granted from today to comply with the directions issued by the learned Single Judge. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 11