- 1 - HC-KAR NC: 2025:KHC:52845 WP No. 28692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28692 OF 2025 (BDA) BETWEEN: SMT. USHA SHANKAR AGED ABOUT 68 YEARS, W/O LATE SRI K.P. SANKARAN, NO.31, 10TH CROSS, 1ST BLOCK, 1ST FLOOR, THIMMIAH GARDEN, R.T. NAGAR, BENGALURU-560032. …PETITIONER (BY SRI HARSHA SWAROOP P., ADVOCATE AND SRI ADITHYA KARTHIK K., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY URBAN DEVELOPMENT DEPT. URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BANGALORE-1. 2. BANGALORE DEVELOPMENT AUTHORITY (BDA) REP. BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. 3. DEPUTY SECRETARY (ALLOTMENT), BDA T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI VASANTHA, ADVOCATE FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52845 WP No. 28692 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE BANGALORE DEVELOPMENT AUTHORITY (BDA) TO IMMEDIATELY ALLOT A SITE TO THE PETITIONER AT THE CURRENT EQUIVALENT MARKET VALUE; DIRECT TO THE BDA TO COMPLETE THE ALLOTMENT PROCESS WITHIN A FIXED TIMEFRAME AS DEEMED FIT BY THIS HON’BLE COURT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 direction to respondents-BDA to allot an alternate site to the petitioner at the current equivalent market value. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents. 3. The husband of the petitioner had purchased the schedule property under a registered sale deed dated 27.04.1995. It is the case of the petitioner that a final notification was issued for formation of Sir M. Visveshwaraiah Layout and the husband of the petitioner - 3 - HC-KAR NC: 2025:KHC:52845 WP No. 28692 of 2025 had sought allotment of an alternate site. It is contended that despite lapse of considerable time, the said request has not been considered by the respondents-BDA. 4. From the material on record, it is seen that though petitioner has produced the registration details of the property, there is no clarity as to whether a proper application seeking allotment of an alternative site is pending consideration before the respondent authorities. In view of the matter, this Court deems it appropriate to grant liberty to the petitioner to submit a fresh application seeking allotment of an alternative site, if not already submitted. Accordingly, the petitioner is granted liberty to submit fresh application to respondent Nos.2 and 3 within a period of two (2) weeks from the ate of receipt of a certified copy of this order. 5. Upon receipt of such application, respondent Nos.2 and 3-BDA shall consider the same and pass - 4 - HC-KAR NC: 2025:KHC:52845 WP No. 28692 of 2025 appropriate orders in accordance with law within eight weeks thereafter. With the said observations, the writ petition is disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 70