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2026 DAILYLAW 25950 (KAR)

B.S. PHANILATHA, v. BENGALURU DEVELOPMENT AUTHORITY,

WP/2937/2026 · 2026-07-02

M Nagaprasanna, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.NAGAPRASANNA AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 2937 OF 2026 (LA-BDA) BETWEEN: B.S. PHANILATHA, D/O. B.T. SUBBA RAO, AGED ABOUT 49 YEARS, NOW RESIDING AT NO.212/2, NEAR MUNESWARA TEMPLE, NAGASETTIHALLI, BENGALURU - 560 094. …PETITIONER (BY SRI. AJOY KUMAR PATIL., ADVOCATE) AND: 1. BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST EXTENSION, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY COMMISSIONER (LAND ACQUISITION), DR. SHIVARAMA KARANTH LAYOUT, BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST EXTENSION, BENGALURU - 560 020. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER NO. 5, DR. SHIVARAMA KARANTH LAYOUT, BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST EXTENSION, BENGALURU - 560 020. 4. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI.SHIVAPRASAD M SHANTANAGOUDAR, ADVOCATE FOR - BDA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT ISSUED BY THE 3RD RESPONDENT DATED 17/01/2026 IN NO.BEMAAPRA/VBHUSWAAA-522/2025-26 AND PRODUCED HEREWITH AT ANNEXURE - E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers: "WHEREFORE, in the facts and circumstances stated above, it is respectfully prayed that this Hon'ble Court be pleased to:- a) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing the impugned endorsement issued by the 3rd Respondent dated 17/01/2026 in No. : BemAaPra/VBhuSwaAa- 529/20= and produced herewith at Annexure-E; and b) Issue a Writ of Mandamus or any other appropriate Writ Order of Direction, directing the Respondents to place the representation of the Petitioner at Annexure-C dated 20/11/2025 before the Alternative Site Allotment Committee (Hon'ble Bopaiah Committee) to address and resolve the grievance of the Petitioner and to allot an alternative site to her and permit her to submit additional representation and produce additional documents, if so required, before the said committee; and c) Costs of this Petition and such other and further reliefs as this Hon'ble Court may deem fit to grant, in the facts and circumstances of the case, and in the interests of justice and equity." - 4 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 2. The petitioner claims to be the absolute owner owner of the scheduled property which is now the subject matter of acquisition for the purpose of formation of Dr. Sivaramakaram Layout. The petitioner ought to have approached the Committee earlier, but submits a representation to the BDA for consideration of his grievance. In the light of the Committee constituted by the orders of the Apex Court, the representation of the petitioner did not meet its consideration righty so. Therefore, a rejection or endorsement is issued rejecting the claim of the petitioner. It is this grievance that has driven the petitioner to this Court in the subject petition. 3. Sri. Ajoy Kumar Patil, learned counsel appearing to the petitioner submits that he had submitted a representation to the BDA, but ought to have appeared before the Justice Bopaiah Committee venting out his grievance with regard to allotment of an alternative site in terms of the direction of the Division Bench in W.P.No. - 5 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 14609/2023 and connected matters which had been disposed on 11.07.2024. 4. The learned counsel appearing on behalf of respondent - BDA Sri.Sivaprasad M. Shantanagoudar, who submitted that The petitioner had to approach the Justice Bopaiah Committee, has not approached. Therefore if a direction is issued, it is for the Committee to consider the grievance of the petitioner and pass necessary orders thereon. 5. In the light of the issue lying in a narrow compass at this juncture, we deem it appropriate to direct the petitioner to approach the Justice Bopaiah Committee with the grievance that he has projected in the writ petition and with further direction to Justice Bopaiah Committee to consider the same and pass necessary orders to be implemented thereon in accordance with law. - 6 - HC-KAR NC: 2026:KHC:33098-DB WP No. 2937 of 2026 In the light of the aforesaid observations, as a matter of form, the endorsement dated 17.01.2026 stands quashed. Ordered accordingly and petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BSV List No.: 1 Sl No.: 16