- 1 - HC-KAR NC: 2026:KHC:28477 WP No. 3965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 3965 OF 2025 (LA-BDA) BETWEEN: 1. SRI. B. MUNEGOWDA, S/O LATE BACHANNA, AGED ABOUT 56 YEARS 2. SRI. B VENKATASWAMY, S/O LATE BACHANNA AGED ABOUT 57 YEARS 3. SRI. B RAVI, S/O LATE BACHANNA, AGED ABOUT 45 YEARS 4. SMT. NEELAMMA, D/O LATE BACHANNA, W/O LATE LAKSHMANA, AGED ABOUT 65 YEARS 5. SMT. BHAGYAMMA, D/O LATE BACHANNA, W/O LATE VENKATESH AGED ABOUT 59 YEARS 6. SMT. RADHA, D/O LATE BACHANNA, W/O SRINIVAS, AGED ABOUT 43 YEARS ALL ARE RESIDENTS OF NO.19/1, 4TH CROSS, RASHTRAKAVI KUVEMPU ROAD, B. CHANNASANDRA, BENGALURU-560 043 …PETITIONERS (BY SRI. VIJAY A.M., ADVOCATE) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28477 WP No. 3965 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001 2. BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 3. THE LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1 SRI. MURALI N., ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS MADE UNDER ANNEXURES-A AND C DATED 28.06.2012 AND 12.07.2023 IN ACCORDANCE WITH THE BANGALORE DEVELOPMENT AUTHORITY (INCENTIVE SCHEME FOR VOLUNTARY SURRENDER OF LAND) RULES, 1989. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to consider their representations dated 28.06.2012 - 3 - HC-KAR NC: 2026:KHC:28477 WP No. 3965 of 2025 and 12.07.2023 in accordance with Bengaluru Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989 (henceforth referred to as 'Rules, 1989' for short). 2. (i) The petitioners contend that one Eranna was the owner of lands bearing Sy.Nos.73, 76/1, 78/3, 107/1, 88 and 89 of Banaswadi village. The lands in Sy.Nos.107/1 and 78/3 totally measuring 2 acres 01 gunta, were acquired by respondent No.3 for the benefit of respondent No.2 for formation of the 'East of NGEF Layout'. An award was passed on 27.10.1987. Neither the petitioners nor their predecessors challenged the acquisition before any Court of law. On the contrary, they permitted respondent No.2 to take possession of the aforesaid lands and utilize the same for formation of the layout. The petitioners further contend that their predecessor - Sri. Bachanna had applied for allotment of sites in terms of Rules, 1989 and that respondent No.2 allotted four sites, each measuring 20 x 30 feet, under four allotment letters dated 27.03.1997. (ii) The petitioners contend that as against 2 acres 1 gunta of land acquired, they are entitled to the allotment of two - 4 - HC-KAR NC: 2026:KHC:28477 WP No. 3965 of 2025 sites, each measuring 40 x 60 feet. However, according to the petitioners, their predecessor was allotted only four sites, each measuring 20 x 30 feet. The petitioners therefore submitted representations to the respondents seeking allotment of two sites each measuring 40 x 60 feet. Since the said representations were not considered, the petitioners are before this Court. 3. The learned counsel for the petitioners submits that the petitioners are entitled, as a matter of right, to the allotment of two sites, each measuring 40 x 60 feet. However, what was allotted to the predecessor of the petitioners is four sites each measuring 20 x 30 feet. He therefore, submits that the petitioners are entitled to the allotment of two sites, each measuring 40 x 60 feet. 4. Learned counsel for respondent Nos.2 and 3 admitted that the petitioners were sanctioned four sites each measuring 20 x 30 feet and contended that the petitioners are not entitled to any further indulgence by respondent No.2. - 5 - HC-KAR NC: 2026:KHC:28477 WP No. 3965 of 2025 5. A perusal of the Rules, 1989 shows that for every acre of land acquired, a land loser is entitled to a developed site measuring 40 x 60 feet. In the present case, the predecessor of the petitioners was allotted four sites, each measuring 20 x 30 feet, which together are equivalent to one site measuring 40 x 60 feet. Consequently, the petitioners are entitled to the balance entitlement equivalent to one site measuring 40 x 60 feet. 6. Therefore, the respondent No.2 is directed to allot a site measuring 40 x 60 feet to the petitioners either in the same layout or in any other nearby layout. This shall be complied within a period of three months from the date of receipt of a copy of this order. 7. The writ petition is disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 12