IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.25022 OF 2025 (LA-BDA)

BETWEEN:

1. SRI GOPALAPPA S/O LATE NARASIMHAIAH, AGED ABOUT 77 YEARS, 2. SRI DODDANARASAPPA S/O LATE NARASIMHAIAH, AGED ABOUT 72 YEARS, 3. SRI CHANDRAPPA .N S/O LATE NARASIMHAIAH, AGED ABOUT 63 YEARS, 4. SRI KRISHNAPPA .N S/O LATE NARASIMHAIAH, Digitally signed by AGED ABOUT 57 YEARS, MAHALAKSHMI B M Location: HIGH COURT OF ALL ARE RESIDING AT KARNATAKA BETTANAPALYA, BHEEMANAKUPPE DHAKHALE, RAMOHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060. …PETITIONERS (BY SRI H.A. MANJUNATHA, ADVOCATE)

AND:

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDA, BENGALURU-560 001.

REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 REPRESENTED BY ITS COMMISSIONER.

3. THE ADDITIONAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI VASANTH, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 08.07.2025 VIDE ANNEXURE-A SEEKING FOR ALLOTMENT OF DEVELOPMENT SITES/LAND RATIO IN LIEU OF ACQUISITION OF LAND BEARING NO.45 MEASURING 1 ACRE 20 GUNTAS SITUATED AT BHEEMAKUPPE VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK INSTEAD OF CASH COMPENSATION.

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 petitioners have approached this Court seeking a writ of mandamus directing the respondents to consider the representation dated 08.07.2025 vide Annexure-A seeking for allotment of developed sites/land in lieu of acquisition of land bearing Sy.No.45 measuring 1 acre 20 guntas situated at Bheemankuppe Village, Kengeri Hobli, Bengaluru South Taluk instead of cash compensation. 2. Heard learned counsel for the petitioners, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent Nos.2 and 3. 3. It is not in dispute that under the preliminary and final notification, the petitioners’ land was acquired. Respondent No.3 issued an award notice in the name of the grandmother of the petitioners, calling upon the family to produce the title deeds to determine the compensation in accordance with the new Government circular. As per the award notice, respondent No.3 informed the landowners that they could opt for land compensation by way of developed sites or partially in cash and partially in developed site under the new scheme formulated by the Government. A consent award came to be passed on 08.09.2014 in respect of the property in question, along with the other properties, under Section 11 of the Land Acquisition Act, 1894 (‘Act 1894’ for short). As per the consent award, a sum of `60,00,000/- was awarded towards compensation for 30 guntas of land in Sy.No.45 out of total extent of 1 acre 20 guntas (acquired land) and a developed sital area measuring 7,187 square feet was allotted for the remaining 30 guntas.

4. The petitioners contended that they are entitled to be allotted developed sites for the entire 1 acre 20 guntas of land in Sy.No.45 acquired. It is submitted that under the consent award dated 08.09.2014, similarly placed claimants were granted developed sites for the entire extent of land acquired by the BDA. On the ground of parity, the petitioners’ claim that they too be allotted developed sites for the entire extent of their land acquired.

5. Reliance is placed on the decisions of the Co-

ordinate Bench of this Court in the case of Yallappa Vs. The State of Karnataka and Others, W.P.No.16919/2013 (Yallappa) and Narashimaiah Vs. The Commissioner, Benglauru Development Authority and Another, W.P.No.7818/2021 (Narashi