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2026 DAILYLAW 2334 (KAR)

ARVIND KUMAR PAREKH v. THE COMMISSIONER

WP/12105/2023 · 2026-04-02

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17971 WP No. 12105 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12105 OF 2023 (BDA) BETWEEN: ARVIND KUMAR PAREKH S/O LATE MANGILAL, AGED ABOUT 54 YEARS, R/AT NO.20, 3RD CROSS, GANDHINAGAR, BENGALURU-560009. …PETITIONER (BY SRI. NAYANA TARA B.G., ADVOCATE) AND: THE COMMISSIONER, THE BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020. …RESPONDENT (BY SRI. LAKSHMEESH RAO, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION / REPRESENTATION DATED 18/04/2023 OF THE PETITIONER VIDE ANNEXURE-E BY ISSUING A WRIT OF MANDAMUS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17971 WP No. 12105 of 2023 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for a direction against the respondent-Bangalore Development Authority (BDA) to consider the representation dated 18.04.2023 at Annexure-E. 2. A perusal of the said representation at Annexure-E would reveal that the petitioner has made a request to the respondent - BDA to issue No-Objection Certificate (NOC) for property bearing Survey No.89/6, measuring 13 guntas, situated at Nagavara Village, Kasaba Hobli, Bangalore North Taluk. It is averred in the said representation that the petitioner is the owner of the property having derived title through an absolute sale deed executed by the vendors. 3. It is further submitted that the petitioner is paying taxes and enjoying all property rights. It is specifically asserted that in terms of final notification - 3 - HC-KAR NC: 2026:KHC:17971 WP No. 12105 of 2023 relating to acquisition issued by the Urban Development Department dated 18.06.2014, the property is not a subject matter of acquisition. It is also asserted that though the properties had been a part of the preliminary notification, the final notification of survey number of the property belonging to the petitioner is absent. 4. It is submitted that the petitioner intends to develop the property and for such purpose, obtaining of sanction of plan and NOC from the BDA regarding property not being the subject matter of acquisition, is required. 5. Sri. Lakshmeesh Rao, learned counsel appearing for the respondent - BDA submits that the said representation at Annexure-E will be considered as per law after verifying necessary records. 6. In light of the said stand of the respondent - BDA that they would consider the representation of the petitioner, the present petition is disposed of, recording the stand of the respondent and directing the respondent - 4 - HC-KAR NC: 2026:KHC:17971 WP No. 12105 of 2023 to dispose of the application after examining it as per law within a period of 12 weeks from today. 7. Needless to state, if the petitioner is called upon to furnish any clarifications in the interregnum to enable the authority to take an expeditious decision, the petitioner to co-operate. Accordingly, petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR