- 1 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32060 OF 2025 (LA-BDA) BETWEEN: SRI. B.V. MANJUNATHA SON OF VENKATADRAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.E-80, BETTANAPALYA, BENGALURU SOUTH, RAMOHALLI, KARNATAKA - 560 063. …PETITIONER (BY SRI. S. RAJENDRA, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020. 2. ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI. VASANTA, ADVOCATE FOR R1 AND R2) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR ALLOTMENT OF SCHEDULE PROPERTY I.E. SITE NO.4425, SECTOR I, 7TH BLOCK, NADAPRABHU KEMPEGOWDA LAYOUT, BENGALURU, ANNEX-D WHICH WAS ORIGINALLY PROPOSED TO BE ALLOTTED AS PART OF THE COMPENSATION PACKAGE UNDER THE AWARD DATED 09/05/2012, ANNEX-A AND CONSEQUENTLY ALLOT AND CONVEY THE SAID SITE IN FAVOUR OF THE PETITIONER, IN A TIME-BOUND MANNER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider his case for allotment of scheduled property namely Site No.4425, Sector I, 7th Block, Nadaprabhu Kempegowda Layout, Bangalore, which was originally proposed to be allotted as part or the compensation package under the award dated 09.05.2012 at Annexure-A. - 3 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the material on record. 3. Brief facts are that: The land bearing Sy. No.214 in Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru, totally measuring 5 acres 14 guntas, out of which an extent of 1 acre of land belonged to one Anjinappa. The petitioners are the legal heirs of said Anjinappa. The respondents for the formation of "Nadaprabhu Kempegowda Layout" acquired the aforesaid land along with the various other adjoining lands vide preliminary notification followed by the final notification. An award was passed granting compensation to the land owners along with 9,583 square feet of developed land per acre for wet land and 6,349 square feet of developed land for dry land. The petitioner gave representation to the respondents - Authorities requesting to allot the developed proposed sites. The respondents, in response issued a note at - 4 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 Annexure-D for allotment of six sites aggregating 6,349 square feet, bearing Nos.4426, 4425, 4429, 4430, 4431 and 4940. However, despite such proposal, no action was taken to execute the conveyance deed in favour of the petitioner. 4. The learned counsel for the petitioner submits that though the respondents had proposed allotment of the aforesaid sites, no steps were taken to complete the process. The petitioner had again submitted a representation dated 27.02.2025, upon which the respondent - Authorities informed that Site No.4425, had been allotted to a third party as reflected in Annexure-E. It is submitted except for site No.4425, all other sites have been considered for execution of sale deeds. The petitioner contended that the said site has not infact been allotted to anyone and seeks a direction to the respondents to allot site No.4425 in his favour, in accordance with the proceedings at Annexure-D. - 5 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 5. The learned counsel for the respondents submits that as per Annexure-E, the authority has endorsed that Site No.4425 has been allotted to a third party. However, if the site is still available, it will be considered for allotment to the petitioner and in the event of non-availability, the petitioner will be allotted a site of equal dimension in same layout and survey number. 6. Considering the submission of the respondents, this Court is of the considered view that the grievance of the petitioner can be redressed by issuing appropriate directions for consideration of his case in accordance with law. 7. Accordingly, this Court pass the following: ORDER (i) The writ petition is disposed of. (ii) The respondents are directed to allot the petitioner the scheduled property i.e., Site No.4425, Sector-I, 7th Block, Nadaprabhu - 6 - HC-KAR NC: 2025:KHC:44590 WP No. 32060 of 2025 Kempegowda Layout, Bangalore, free from encumbrances if the said site has not already been allotted to any third person and bearing in mind the order dated 01.06.2018 bearing Order No.BDA/Au/23/2018-19. In the event the said site is not available for any reason, the respondents shall allot the petitioner an alternative site of equal dimensions in the same layout, and take necessary steps to execute the absolute sale deed in favour of the petitioner, within a period of 4 months from the date of the receipt of the copy of this order, in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA JY List No.: 1 Sl No.: 27