Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51848-DB WA No. 1707 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1707 OF 2025 (BDA) BETWEEN:
1.
THE COMMISSIONER, THE BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK EAST BENGALURU 560020 …APPELLANT (BY SRI. M. V. CHARATI., ADVOCATE) AND:
1.
SMT. S RAMADEVI W/O A.G.PRAHLAD AGED ABOUT 60 YEARS R/AT NO.47, CHETHANA 3RD MAIN ROAD CHBS 3RD STAGE, BHEL TOWNSHIP BENGALURU 560040 …RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 05/12/2024 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN WP NO.361/2024 AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION, ETC.
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HC-KAR NC: 2025:KHC:51848-DB WA No. 1707 of 2025
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed impugning the order dated 05.12.2024 passed by the learned Single Judge in W.P.No.361/2024 (BDA).
2. For the sake of convenience the parties are referred to as per their ranking in the writ petition.
3. The petitioner was the land owner whose land was acquired by the BDA for formation of Sir M. Visweshwaraiah Layout. As per the policy decision of State Government she was entitled for allotment of a site measuring 30 x 40 feet in the said layout.
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HC-KAR NC: 2025:KHC:51848-DB WA No. 1707 of 2025
4. As the petitioner was not allotted a site she had approached the Court by filing W.P.No.361/2024. The learned Single Judge vide order dated 25.03.2024 directed the Bangalore Development Authority (for short 'the BDA') to allot Site No. 3181, measuring 30 x 40 feet in the first Block of Sir M. Visweshwaraiah Layout, as the said site was available for allotment to the petitioner, since the petitioner was found to be entitled for the allotment.
5. Pursuant to the said direction issued by the learned Single Judge vide order dated 25.03.2024, the BDA allotted Site No.3181 to the petitioner. However, demanded payment of provisional allotment price i.e., Rs.51,84,500/-.
The learned Single Judge after considering the judgment passed in W.P.No.53727/2016 and judgment in W.A.No.470/2020 held that the petitioner was liable to pay the price which was prevailing as on 31.12.2010, when similarly situated persons were allotted the sites. It appears the Supreme Court has dismissed the
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HC-KAR NC: 2025:KHC:51848-DB WA No. 1707 of 2025
SLP No.3898/2021 against the judgment of writ petition No.53727/2016.
6.
Learned counsel for the appellant fairly submits that the issue is covered against the appellant in other two appeals as well as in W.A.No.1737/2024 and W.A.No.659/2025.
7. Considering the said stand, we dismiss the writ appeal. However, three weeks further time is granted to the appellant/BDA to comply with the order passed by the learned Single Judge.
(D K SINGH) JUDGE
(TARA VITASTA GANJU) JUDGE
NG List No.: 1 Sl No.: 5 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA