- 1 - HC-KAR NC: 2025:KHC:39836 WP No. 21941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21941 OF 2025 (BDA) BETWEEN: SRI ANNAIAH S/O MUNIYAPPA, AGED ABOUT 73 YEARS, R/O NO.126, 1ST MAIN, TAVAREKERE MAIN ROAD, CHIKKA ADUGODI, DHARMARAM COLLEGE, BANGALORE-560029. …PETITIONER (BY SRI VIRUPAKSHAIAH P.H., ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560020. REPRESENTED BY ITS COMMISSIONER. …RESPONDENT (BY SRI B. VACHAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION DATED 09.07.2024 VIDE ANNEXURE-E AND PASS APPROPRIATE ORDERS FOR ALLOTMENT OF ALTERNATE SITE IN FAVOUR OF THE PETITIONER IN ARKAVATHI LAYOUT EXPEDITIOUSLY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39836 WP No. 21941 of 2025 ORAL ORDER The petitioner is seeking for the following reliefs: “(a) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the respondent authority to consider the representation dated 09.07.2024 vide Annexure-E and pass appropriate orders for allotment of alternate site in favour of the petitioner in Arkavathi Layout expeditiously; (b) Grant any such other relief or relief’s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the parties and perused the material on record. Brief facts: 3. The petitioner was allotted site No.1109 by the respondent-BDA in 7th block, Arkavathi layout measuring 30 x 40 feet, during the year 2006. Pursuant to allotment, lease cum agreement was executed in favour of the petitioner, possession certificate was issued, and the katha was duly effected in his name. It is the grievance of the petitioner - 3 - HC-KAR NC: 2025:KHC:39836 WP No. 21941 of 2025 that the allotted site falls within the buffer zone, thereby preventing him from putting up any construction. Consequently, he submitted a representation dated 09.07.2024 to the respondent-BDA seeking allotment of an alternate site. 4. It is further submitted that despite the said representation having been made to the BDA as well, as to the government authorities, no action has been taken till date. 5. Per contra, learned counsel for the respondent submits that under the circular dated 29.05.2022, construction in any layout formed prior to implementation of the Revised Master Plan, 2015 (‘RMP, 2015’ for short) is permissible. The relevant portion of the circular dated 29.05.2022 clarifies that where a layout has been formed before 25.06.2007, construction activity therein may be permitted in accordance with applicable rules. Hence, there is no impediment for the petitioner to put construction in respect of the site allotted in 2006. - 4 - HC-KAR NC: 2025:KHC:39836 WP No. 21941 of 2025 6. The said submission is recorded. 7. Having regard to the above, and in view of the circular dated 29.05.2022, which reads thus: “»ÃUÁV E£ÀÄß ªÀÄÄAzÉ ¸ÀzÀj «µÀAiÀÄPÉÌ ¨ÉAUÀ¼ÀÆgÀÄ C©üªÀÈ¢Þ ¥Áæ¢üPÁgÀPÉÌ ¥ÀvÀæ ªÀåªÀºÁgÀ ªÀiÁqÀĪÀ §zÀ®Ä AiÀiÁªÀÅzÉà PÉgÉ CxÀªÁ PÁ®ÄªÉUÀ¼À §¥üÀgï ¥ÀæzÉñÀzÀ°ègÀĪÀ ¤ªÉñÀ£ÀªÀÅ ¢B 25-06-2007 QÌAvÀ ªÀÄÄAZÉ ¨ÉAUÀ¼ÀÆgÀÄ C©üªÀÈ¢Þ ¥Áæ¢üPÁgÀ¢AzÀ C£ÀĪÉÆÃzÀ£ÉAiÀiÁVgÀĪÀ / C©üªÀÈ¢Þ ¥Àr¹gÀĪÀ §qÁªÀuÉAiÀÄ ¨sÁUÀªÁVgÀĪÀ §UÉÎ SÁwæ ¥Àr¹PÉÆAqÀÄ CªÀÅUÀ¼À°è ªÀiÁvÀæ ¤AiÀiÁªÀiÁ£ÀĸÁgÀ PÀlÖqÀ ¥ÀgÀªÁ¤UÉ ¤ÃqÀĪÀ §UÉÎ PÀæªÀĪÀ»¸À§ºÀÅzÀÄ JAzÀÄ w½¸À¯ÁVzÉ.” 8. Thus, from the circular referred above, there appears to be no legal impediment for the petitioner to proceed with construction on site No.1109, allotted to him in the year 2006. However, if the petitioner still seeks execution of the sale deed or any clarification regarding the said site, he shall submit a fresh representation to the respondent-BDA within two weeks from the date of receipt of this order, enclosing all relevant documents. Upon receipt of such representation, the respondent-BDA shall verify the records and if the documents are found to be in order and the petitioner has complied with all requisite formalities, - 5 - HC-KAR NC: 2025:KHC:39836 WP No. 21941 of 2025 execute sale deed in accordance with law. The entire exercise shall be completed within a reasonable time, not later than eight weeks from the date of submission of the representation. With the above observation, the writ petition is disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 4