- 1 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.11689 OF 2025 (BDA) BETWEEN: SMT. J. SHANTHA W/O B. NAGARAJU, AGED ABOUT 52 YEARS, R/AT NO.2, 35TH WARD, BANKERS COLONY, SHASTRI NAGAR EXTENSION AREA, BELLARY-583 101. REP. BY HER GPA HOLDER SRI MANJUNATH SOKKALINGAM, S/O SOKKALINGAM, AGED ABOUT 38 YEARS, R/AT NO.212, 9TH MAIN, HRBR LAYOUT, 1ST BLOCK, BENGALURU - 560 043. …PETITIONER (BY SRI SUNDARESH H.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020. 3. THE DEPUTY SECRETARY-4, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI LAKSHMEESH RAO, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 2ND RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 25.08.2021 AND 01.03.2024 VIDE ANNEXURE-K AND K1 FOR ALLOTMENT OF SITE BEARING NO.559/1, 15X24 METER, SITUATED AT SIR.M.V 5TH BLOCK LAYOUT AS AN ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER AS PER THE REPORT SUBMITTED BY THE EXECUTIVE ENGINEER AND ALSO THE CD FURNISHED BY THEM DATED 26.03.2024 AS PER ANNEXURES- H AND J RESPECTIVELY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 as well as the learned counsel for respondents 2 and 3. 2. The petitioner has approached this Court in this Writ Petition seeking a writ of mandamus directing the second respondent to consider her representations vide Annexures-K and K1 dated 25.08.2021 and 01.03.2024 for allotment of site bearing No. 559/1 measuring 15 x 24 meter situated at Sir M.Visweswaraiah Layout, 5th Block, Benglauru, as an alternative site, in terms of the report submitted by the Executive Engineer and also the CD furnished by the authority dated 26.03.2024 at Annexures-J and H. 3. The petitioner was originally allotted ‘G’ category site bearing No. 73, measuring 50 x 80 feet situated at Rajmahal Vilas 2nd Stage Layout on 17.12.2019. Pursuant - 4 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 to the allotment, the petitioner deposited the entire sital value with the second respondent, and a lease-cum-sale agreement was executed in her favour. However, the allotment of ‘G’ category site came to be challenged before this Court in a public interest litigation, and by order dated 25.08.2012 this Court annulled all such allotments made in ‘G’ category, while saving the cases of those allottees who were otherwise eligible under the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (for short ‘the Rules’). This Court further directed the Government to constitute a committee to verify such allotment. Pursuant to the order, the Government constituted Justice D.V.Shylendra Kumar Committee (‘Committee’ for short) to examine the allotment of ‘G’ category sites. The petitioner’s allotment was referred to the Committee for enquiry, which, by its report dated 07.04.2021, held that the allotment made in favour of the petitioner was valid under the General Category Rules and recommended the BDA-second respondent to confirm the - 5 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 allotment of the said site to the allottee/petitioner and fulfill other formalities pending. 4. It is stated that, based on the Committee’s report, the petitioner made representations requesting executing of the sale deed. The Executive Engineer thereafter surveyed the site and reported that the original site has been de-notified by the authority. Consequently, the BDA recommended allotment of an alternative site bearing No. 559/1, i.e., schedule property. The Executive Engineer inspected and identified the said alternative site, and submitted a CD report recommending its allotment in favour of the petitioner. 5. The grievance of the petitioner is that despite repeated representation and the Committee’s clear recommendation dated 07.04.2021, the second respondent authority has not yet considered or finalized the allotment of the alternative site. 6. Per contra, learned counsel for respondent Nos.2 and 3 submits that the petitioner’s representation would - 6 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 be considered in accordance with law if reasonable time is granted. 7. The undisputed fact remains that pursuant to the order in W.P.23475/2010 c/w 1032/2006 and 36275/2009, the Committee formed recommended that petitioner’s ‘G’ category allotment be confirmed since the original site is not available, an alternative site (schedule property) has been identified for allotment. The petitioner has been pursuing the matter since 2019, and particularly after the Committee being formed and by order dated 07.04.2021 recommending allotment of site in favour of the petitioner. Thus, the grievance of the petitioner would be redressed if appropriate directions are issued to the second respondent to consider the representations of the petitioner in light of the Committee’s order dated 07.04.2021 and subsequent report dated 26.03.2024 and accordingly this Court pass the following : ORDER (i) The Writ Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:40954 WP No. 11689 of 2025 (ii) Respondent No.2-Authority is directed to consider the petitioner’s representations dated 25.08.2021 and 01.03.2024 at Annexures-K and K1 keeping in view the Committee’s report/order dated 07.04.2021 (Annexure-E) and engineer’s report dated 26.03.2024 (Annexure-J) and pass appropriate orders in accordance with law within an outer limit of three months from the date of receipt of a certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA ckl List No.: 1 Sl No.: 40