Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34189 WP No. 36480 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 36480 OF 2014 (LA-BDA) BETWEEN:
MR. NENA LAL S/O SRI. MODIRAMJEE, AGED ABOUT 54 YEARS, RESIDING AT NO.113-B, MAGADI MAIN ROAD, BANGALORE-560023, REPRESENTED BY GPA HOLDER, G.M.MANOHARLAL, AGED ABOUT 61 YEARS, S/O LATE MODIRAMJI …PETITIONER (BY SRI. UDAY HOLLA, SENIOR ADVOCATE FOR SMT. FARAH FATHIMA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE-560 001.
2.
THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-560001, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SRI. B.S.SACHIN, ADVOCATE FOR RESPONDENT NO.2)
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34189 WP No. 36480 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO IDENTIFY, ALLOT AND EXECUTE SALE DEED IN SO FAR AS 13656 SQ.FT. OF LAND TO THE PETITIONER AS PER THE ENDORSEMENT DATED 11.2.2014 VIDE ANNEXURE-N AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of mandamus to direct the respondents to identify, allot and execute a sale deed in so far as 13,656 sq. ft. of land as per the endorsement dated 11.02.2014. He has also sought for a writ in the nature of mandamus to direct respondent No.2 to give alternate land to the extent of 75% of 30 guntas as per the resolution dated 04.07.2006 on Subject No.102/06 passed by the respondent No.2 in view of the acquisition of 30 guntas in Sy.No.57/7 of Srigandadakaval Village, Yeshwanthapura Hobli, Bengaluru North Taluk. Similarly, the petitioner has sought for a writ in the nature of mandamus to declare that the action of respondent No.2 in taking possession of the property owned by him measuring 30 guntas in Sy.No.57/7 of Srigandadakaval Village, without acquiring it, is arbitrary, illegal and without the authority of law. - 3 -
HC-KAR NC: 2026:KHC:34189 WP No. 36480 of 2014
2. (i) It appears from the writ petition that the petitioner was the owner of land in Sy.No.57/7, measuring 33 guntas. The respondent No.2 issued a notification dated 17.06.2005 proposing to acquire 10 guntas of land in Sy.No.57/7, followed by another notification dated 04.04.2009 proposing to acquire 20 guntas of land in Sy.No.57/7 for the purpose of outer ring road between Magadi Road and Mysuru Road. The petitioner claims that no steps were thereafter taken to conclude the acquisition. However, the land of the petitioner was utilized by the respondent No.2. The petitioner then pursued the respondent No.2 for alternate land in view of a decision taken by the State Government to grant 75% of the alternate land in the event, the land is used up without following the due process of law. It also appears that petitioner filed W.P.No.10734/2013 seeking for a direction to the respondents to allot alternate land in the light of the order passed by the State Government. The said petition was allowed and the respondent No.2 was directed to identify suitable alternate land. Since the said order was not complied, the petitioner initiated contempt proceedings in CCC No.13/2014.
In the contempt petition, the respondent No.2 filed a memo stating that the land measuring 16.72 guntas was used by the
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HC-KAR NC: 2026:KHC:34189 WP No. 36480 of 2014
respondent No.2 for formation of the outer ring road and that the petitioner is entitled to 13,656 sq. ft. of alternate land. An endorsement dated 11.02.2014 was also issued in that regard. (ii) In the meanwhile, the petitioner filed this petition for allotment and execution of a sale deed in respect of 13,656 sq. ft. of land. The Co-ordinate Bench of this Court granted an interim order on 18.04.2016 directing the respondent No.2 to submit a report regarding allotment of alternate land failing which adverse inference would be drawn and the allegations made against the officials of the BDA would be accepted. This
order was challenged by the respondent No.2 in W.A.No.1392/2016. The Division Bench of this Court directed the respondent No.2 to pay compensation for the property acquired in accordance with law by reckoning the date for the purpose of determining the value as 18.04.2016. Pursuant to the order of the Division Bench, the petitioner made representation to respondent No.2 within the stipulated time. Thereafter, the petitioner filed CCC No.2/2018 before the Division Bench for not complying the order dated 20.09.2017 passed in W.A.No.1392/2017. It appears that during the pendency of CCC No.2/2018, the respondent No.2 has paid
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HC-KAR NC: 2026:KHC:34189 WP No. 36480 of 2014
compensation of Rs.4,00,94,016/- towards the value of the land measuring 16.72 guntas and a sum of Rs.22,17,294/- towards the building that existed on the acquired property.
(iii) The petitioner has filed this petition seeking for a direction to the respondent No.2 to convey an extent of 13,656 sq. ft. of land as per the endorsement dated 11.02.2014.
3. In view of the fact that the petitioner has now accepted compensation in the form of cash, question of compelling the respondent No.2 to convey 13,656 sq. ft. of land as per the endorsement dated 11.02.2014 would not arise. Besides this, the petitioner has already filed W.P.No.30381/2018 claiming various reliefs and for higher compensation. Therefore, this Court is of the opinion that this petition has spent in itself and no orders are warranted to be passed in this petition in favour of the petitioner.
4. Hence, this writ petition is dismissed.
Sd/- (R. NATARAJ) JUDGE
PMR/List No.: 1 Sl No.: 48