IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18237 OF 2023 (LA-BDA)

BETWEEN:

UDAYA SHANKAR P S/O SMT JAYAMMA PATALAIAH AGED ABOUT 50 YEARS GRAND SON OF LATE MUNIMARAPPA R/A NO.282, MUNIMARAPPA BLOCK DEVARAJEEANAHALLI ARABIC COLLEGE POST BENGALURU- 560 045 …PETITIONER (BY SRI. MANJUNATH G KANDEKAR., ADVOCATE)

AND:

1. THE STATE AND OTHERS REPTD BY ITS CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA Digitally signed by VIDHANA SOUDHA MAHALAKSHMI B M DR B R AMBEDKAR VEEDHI Location: HIGH COURT OF BENGALURU-560001 KARNATAKA

2. THE ADDITIONAL CHIEF SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560001

3. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIURAM WEST T CHOWDAIAH ROAD BENGALURU-560020

4. THE DEPUTY COMMISSIONER LAND ACQUISITION BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020

5. THE ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHDRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020

6. THE ESTATE OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020

7. THE EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY R T NAGAR, BDA COMPLEX R T NAGAR POST BENGALURU-560032

8. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY R T NAGAR BDA COMPLEX R T NAGAR POST BENGALURU-560032

9. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR)-2, K R CIRCLE DEPARTMENT OF SURVEY AND RESETTLEMENT BENGALURU-560001 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR RE, R2 AND R9;

SRI. G LAKSHMEESH RAO, ADVOCATE FOR R3 TO R8)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR ENTIRE RECORDS PERTAINING TO THE ACQUIRED LAND IN SY.NOS. 34/1, SY.NO. 48 AND IN SY.NO. 4 OF DJ HALLI, BENGALURU NORTH TALUK THROUGH PRELIMINARY AND FINAL NOTIFICATION AND AWARD PENDING ON THE FILE OF R-3 BDA THE LAND BELONGING TO THE PETITIONER AND DIRECT THE R-3 COMMISSIONER- BDA EITHER TO PAY ADEQUATE COMPENSATION OR IN LIEU OF IT, ISSUE TDR CERTIFICATES TO THE PETITIONER TO EXTENT OF 25,570.74 SQUARE METERS OF ACQUIRED LAND SITUATED AT DEVERJEEVANAHALLI IN SY.NO. 34/1 AND 48 (NOW CTS NO. 1782/4) VIDE ANNEXURE-B-4 DTD 27/11/2019 AS PER CITY SURVEY ENQUIRY REGISTER MAINTAINED BY ADLR-2 R-2., AND ETC.

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 had approached this Court seeking writ of mandamus directing respondent No.3-the Commissioner, BDA either to pay adequate compensation or, in alternative to issue Transferable Developmental Rights (for short 'TDR') Certificates to the petitioner to the extent of 25,570 sq.mts., of the acquired land situated at Devarajeevanahalli (for short 'D J Halli'), Bengaluru North Taluk, in Sy.No.34/1 and 48(now CTS No.1782/4) dated

27.11.2019, to an extent of 1 Acre 2.75 guntas of land out of 4 Acres 11 guntas in Sy.N.4(now CTS No.2216)(Annexure-B-4). Further, a direction for issuance of either an adequate compensation at prevailing market value or in the alternative seeking for issuance of certificate of TDR under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act, 2013’ for short).

2. Heard learned counsel appearing for the parties. Perused the original records produced by learned counsel for BDA.

3. The facts of the case are that, the petitioner claims absolute ownership over land measuring 4 Acres 11 Guntas of land in Sy.No.4, 34 Guntas of land in Sy.No.48 and 5 Acres 33 Guntas of land in Sy.No.34/1 situated at DJ Halli, Bengaluru North Taluk. Respondent No.3 issued Preliminary Notification on 29.05.1978 followed by the Final Notification on 28.02.1985 to acquire the schedule property for public purpose. The original owner, Munimarappa-Kathedar of the sch