HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 1737 OF 2024 (BDA)

C/W CIVIL CONTEMPT PETITION NO. 866 OF 2024 IN WA No.1737/2024 BETWEEN:

1. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST, BANGALORE-560020.

REPRESENTED BY ITS COMMISSIONER

2. THE DEPUTY SECRETARY-I BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560020.

Digitally signed …APPELLANTS by (BY SRI. B. VACHAN, ADVOCATE)

CHANNEGOWDA PREMA Location: High AND:

Court of Karnataka SRI ALAGU SUNDARAM S/O SRI ARJUNAN AGED ABOUT 44 YEARS R/AT 3/3, GANAPATHI NAGARA

8^TH CROSS ROAD, HOSAKEREHALLI MAIN ROAD, BANGALORE-560026.

…RESPONDENT (BY SRI. B.V.SHANKARA NARAYANA RAO, SR. ADV. FOR SRI. MADHUSUDHAN J., ADVOCATE)

HC-KAR THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 19.06.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.22614/2022 AND CONSEQUENTLY DISMISS THE WRIT PETITION.

IN CCC NO. 866/2024 BETWEEN:

SRI. ALAGU SUNDARAM SON OF SRI. ARJUNAN AGED ABOUT 52 YEARS RESIDING AT 3/3, GANAPATHI NAGARA

8^TH CROSS ROAD, HOSAKEREHALLI MAIN ROAD BANGALORE-560026.

...COMPLAINANT (BY SRI. B.V.SHANKARA NARAYANA RAO, SR. ADV. FOR SRI. MADHUSUDHAN J., ADV.)

AND:

SRI. JAYRAM N COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020.

...ACCUSED (BY SRI. B VACHAN, ADVOCATE)

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DELIBERATE DISOBEDIENCE OF ORDER DATED 19.06.2023 PASSED IN WP NO.22614/2022 (BDA) AND PUNISH THE ACCUSED.

HC-KAR THESE WRIT APPEAL AND CCC, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

We heard the learned counsel appearing for the appellants- BDA in WA No.1737/2024 as well as the learned Senior Counsel appearing for the respondent. We also considered the contentions advanced on either side.

2. We notice that the respondent had made a representation as per Annexure-F in the writ petition dated 05.04.2008 pursuant to the judgment of the Apex Court in Junjamma & Ors. Vs. The Bangalore Development Authority reported in ILR 2005 KAR 608, dated

30.09.2004.

3. It is fairly submitted by the learned counsel appearing for the appellants that the legal position stands HC-KAR settled in favour of the respondent to the effect that the respondent is entitled to a site taking note of the market value which prevails as on the date of submission of representation after Junjamma's case is decided.

4. Learned counsel appearing for the appellants as well the learned counsel appearing for the respondent have placed before us the judgments of the Co-equal Benches of this Court in WA No.659/2025 dated 09.09.2025 as well as in WA No.470/2020 dated 21.01.2021. Learned counsel appearing for the appellants submits that in WA No.470/2020, the issue with regard to the date for fixing the market value of the site has been specifically considered and it has been held as follows;

"10. We have also considered the matter on merits and we find that the appellant-BDA has taken fourteen (14) years to consider the representation made by the respondent herein seeking allotment of an alternate site. Learned counsel for the appellant sought to interpret the expression ‘prevailing market value’ relating to date of allotment, which could be HC-KAR after six years, 10 years or even after 02 decades. In the instant case, it is after 14 years. He contended that the date of allotment shall be the date to assess the prevailing market value of the site. We do not think the said approach be correct for the BDA cannot consider the repr