- 1 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12134 OF 2022 (BDA) BETWEEN: 1. SRI P.R. CHENNA REDY S/O P. VEERA REDDY , AGED ABOUT 61 YEARS, R/AT 2A, THOMAS MANOR, NO.88, RICHMOND ROAD, BENGALURU-560025. 2. V. MANJUNATH S/O LATE M. VENKATAREDDY, AGED ABOUT 46 YEARS, NO.13, 2ND CROSS, SHANKARAPURAM, BENGALURU-560004. …PETITIONERS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY, KUMAR PARK WEST, T. CHOWDAIAH ROAD, BENGALURU -560020 REPRESENTED BY ITS COMMISSIONER. 2. ENGINEERING DEPARTMENT, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 3. EXECUTIVE ENGINEER, NORTH SUB-DIVISION, BDA COMPLEX, R.T. NAGAR, BENGALURU -560032. …RESPONDENTS (BY SRI. SACHIN B.S., ADVOCATE FOR R-1 TO R-3; SRI. KUMARA R.S. GOWDA, ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/24 AND IA 2/24; SRI. YADUNANDAN N., ADVOCATE FOR IMPLEADING APPLICANT ON IA 3/24) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO.BENAPRA.KA.PP.A(U)/493/2021-22 ISSUED BY DATED 16.09.2021 AT ANNEXURE-F AND DIRECT THE PREPONDERANT TO ALLOT SITES THAT ARE BEING FORMED IN THE ARKAVATHY LAYOUT OR THE CORNER SITES THAT ARE AVAILABLE IN ARKAVATHY LAYOUT AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking for the following prayers: “i) To issue a writ in the nature of certiorari or any other writ, or order or direction quashing the endorsement hearing No.BenAPra/Ka.Pp.A(U)/493/ 2021-22 issued by dated 16.09.2021 at Annexure-F. ii) To issue a writ in the nature of mandamus or any other appropriate writ or order, directing the Respondent to allot sites that are being formed in - 3 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 the Arkavathy Layout or the corner sites that are available in Arkavathy Layout; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order, directing the Respondent that in the event there being no sites available in the said Arkavathy Layout, in the alternative allot sites available in the parallelly developed layouts formed by the Respondent BDA which are adjacent to Arkavathy Layout. iv) Issue such other appropriate order or direction as this Hon'ble Court deems fit, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents-Bengaluru Development Authority (BDA) and perused the material on record. 3. The petitioners purchased the scheduled property under a registered sale Deed dated 21.04.2018. The respondents-BDA had initiated acquisition proceedings for the formation of Arkavathy Layout under final notification dated 21.02.2004 and subsequently undertook - 4 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 formation of the layout. The Government of Karnataka, by order dated 18.03.2011, extended a benefit to the land losers by providing re-conveyance of the 40% of the developed area in the said layout. The petitioners therefore submitted representation to the BDA for identification and allotment of their sites upon inaction by the BDA, they have approached this Court seeking consideration of their representation. 4. This Court in the case of Sri P.R. Chenna Reddy and Another Vs. Bangalore Development Authority and Others1 (Sri P.R. Chenna Reddy) directed the BDA to consider the representation pursuant thereto, the BDA issued the impugned endorsement dated 16.09.2021 (Annexure-F) stating that due to encumbrances and litigations concerning the sites, the same could not be allotted. Instead, the BDA proposed to compensate the petitioner under the incentive scheme by offering them alternative sites in “Nadaprabhu 1 W.P.No.12086/2021 D.D.15.04.2021 - 5 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 Kempegowda Layout”. The endorsement dated 16.09.2021, proposing to allot sites to the petitioner with the following dimensions: “ªÀÄÄAzÀĪÀgÉzÀÄ ªÉÄÃ¯É «ªÀj¹gÀĪÀ PÉÆõÀ×PÀ ¥ÀnÖAiÀÄAvÉ ¥Àæ¸ÀÄÛvÀ £ÁåAiÀiÁ®AiÀÄzÀ°è zÁªÉ¬ÄgÀĪÀ PÁgÀt §qÁªÀuÉ gÀa¸À®Ä ¸ÁzsÀåªÁVgÀĪÀÅ¢®è EzÀgÀ ¸ÀA§AzsÀ ¤ªÉñÀ£À ®¨sÀå«®èzÀ PÁgÀt vÀªÀÄUÉ §zÀ° ¤ªÉñÀ£À ¤ÃqÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀªÀÄUÉ ¤ÃqÀ¨ÉÃQgÀĪÀ «¹ÛÃtðªÀÅ PɼÀPÀAqÀAwgÀÄvÀÛzÉ. 1) ²æÃ.¦.Dgï.ZÀ£ÀßgÉrØ 9 x 12 – 10 ¸ÀASÉå 9 x 12 = 108.00 ZÀ.«Äà 108.00 x 10.764 = 1162.1525 ZÀ.Cr MlÄÖ-1162.15 x 10 = 11,621.50 ZÀ.Cr 12 x 18 – 6 ¸ÀASÉå 12 x 18 = 216.00 ZÀ.«Äà 216.00 x 10.764 = 2325.02 ZÀ.Cr MlÄÖ-2325.02 x 6 = 13,950.14 ZÀ.Cr MlÄÖ «¹ÛÃtð = 25,571.64 ZÀ.Cr 2) ²æÃ.«. ªÀÄAdÄ£Áxï 9 x 12 – 5 ¸ÀASÉå 9 x 12 = 108.00 ZÀ.«Äà 108.00 x 10.764 = 1162.1525 ZÀ.Cr MlÄÖ-1162.15 x 5 = 5810.75 ZÀ.Cr 12 x 18 – 5 ¸ÀASÉå 12 x 18 = 216.00 ZÀ.«Äà 216.00 x 10.764 = 2325.02 ZÀ.Cr MlÄÖ-2325.02 x 5 = 11,625.10 ZÀ.Cr MlÄÖ «¹ÛÃtð = 17,435.85 ZÀ.Cr MlÄÖ ¤ÃqÀ¨ÉÃPÁVgÀĪÀ «¹ÛÃtð = 43,007.49 ZÀ.Cr” - 6 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 5. Learned counsel for the petitioners submits that the sites originally sought in the Arkavathy Layout are unavailable and the petitioners are agreeable to accept the alternative sites as proposed in the endorsement dated 16.09.2021 (Annexure–F), and therefore, prayed that suitable directions issued to the BDA to allot the said sites. 6. The submission is placed on recorded. 7. The learned counsel for the respondents–BDA submits that the allotment of alternative sites mentioned in Annexure–F dated 16.09.2021 will be considered in accordance with law within a reasonable time. 8. In view of the submissions made, this Court deems it appropriate to direct the respondents to allot alternative site in Nadaprabhu Kempegowda Layout and this Court pass the following: ORDER i. The writ petition is disposed of. - 7 - HC-KAR NC: 2025:KHC:44347 WP No. 12134 of 2022 ii. Respondent No.1 is directed to allot litigation free alternative sites in Nadaprabhu Kempegowda Layout as indicated in Annexure-F stated supra, after following requisites formalities, within a period of three months from the date of receipt of the copy of this order, in accordance with law. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 31