2025 Supreme(Online)(Kar) 35843
THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI REVANNA A G – Appellant
Versus
THE COMMISSIONER – Respondent
WP 21975/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21975 OF 2025 (LA-BDA)
BETWEEN:
SRI REVANNA A.G.
S/O LATE GANGA REVAIAH K.R., AGED ABOUT 51 YEARS, R/AT NO.922, 12TH MAIN ROAD, SRINIVASANAGARA, BANK COLONY, BSK 1ST STAGE, BANGALORE-560 050. …PETITIONER (BY SMT. SUPRITHA K.H., ADVOCATE)
AND:
1. THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.
Digitally signed by MAHALAKSHMI B M REP. BY ITS COMMISSIONER.
Location: HIGH COURT OF 2. THE DEPUTY SECRETARY-1 KARNATAKA THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.
3. THE LAND ACQUISITION OFFICER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI KARTHIKEYAN B.S., ADVOCATE FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 31-12-2025, VIDE ANNEXURE-R TO ALLOT AN ALTERNATIVE SITE BEARING NO.2476, SITUATED AT BANASHANKARI 3RD BLOCK, 6TH STAGE, MEASURING 9 X 12 METERS; DIRECT THE RESPONDENTS TO IMPLEMENT THE ORDER DATED 31-12-2010 VIDE ANNEXURE-H PASSED BY THE 3RD RESPONDENT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider the petitioner’s representation dated 31.12.2025 (Annexure-R), to allot an alternative site bearing No.2476, situated at Banashankari, 3rd Block, 6th stage, measuring
9x12 meters.
Brief facts:
2. The petitioner's father had purchased revenue site bearing Nos.59 and 60, formed in Sy.No.46/1, katha No.248, Khaneshkumari No.332, measuring 60x40 feet, totally measuring 2,400 square feet. The respondents issued preliminary notification on 08.04.2003 for acquiring the revenue sites for the formation of Sir M. Visvesvaraya layout.
3. In the case of Junjamma and Others Vs. The Bangalore Development Authority, Rep by its Commissioner, BDA, ILR 2005 KAR 608 (Junjamma), this Court made certain observations in concerning the landowners similarly placed. Pursuant thereto, the petitioner's father filed an application on 05.02.2004 seeking allotment of an alternative sites. In response, the respondents through an order on 31.12.2010, held that the petitioner’s father was entitled to an alternative site measuring 30x40 feet in lieu of his revenue sites.
4. Learned counsel for the petitioner submits that respondent No.3 after due enquiry and consideration by the Committee, passed an order on 31.12.2010 recognizing the petitioner father’s entitlement of an alternative site. Despite such order, no steps have been taken to allot the same.
5. The petitioner therefore, submitted a representation requesting allotment of alternative site bearing number 2476, measuring 30x40 in Sir M. Visvesvaraya layout. It is submitted that the said site has been allotted to a third party, and thus the respondents be directed to allot alternative site in favour of the petitioner in light of the revenue site bearing Nos.59 and 60 of equivalent measurement.
6. Per contra, learned counsel for the Bengaluru Development Authority (BDA) submits that in light of the non-availability of the site bearing No.2476, the respondent-BDA would consider the petitioner’s representation and allot an alternative site of similar measurement in Sir M. Visvesvaraya layout within a reasonable time.
7. Learned counsel for the petitioner further submits that site No.1260, II block in Sir M. Visvesvaraya layout, is available for allotment and prays for direction to allot the said site to the petitioner.
8. Having heard the learned counsel on both sides and taking note that the petitioner’s father had applied for an alternative site as far back as on 05