IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35749 OF 2024 (LA-KHB)

BETWEEN:

SRI ESHWARACHARI S/O. LATE CHIKKADODDACHARI, AGED ABOUT 71 YEARS, RESIDING AT NO.17/24, 3^RD MAIN, SHAKAMBARINAGAR, J.P. NAGAR, 1^ST PHASE, BENGALURU-560 078.

…PETITIONER (BY SRI MARILINGE GOWDA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, AMEBEDKAR VEEDHI, M.S. BUILDING, Digitally signed by MAHALAKSHMI B M BENGALURU-560001.

Location: HIGH COURT OF 2. THE STATE OF KARNATAKA KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY M.S. BUILDING, BENGALURU-560001.

3. THE COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVANA, K.G. ROAD, BENGALURU-560 009.

4. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, CAUVERY BHAVANA, K.G. ROAD, BENGALURU-560 009.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2;

SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R-3 & R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS CONSIDERING THE REPRESENTATION OF THE PETITIONER TO AWARD 40% OF THE DEVELOPED LAND TOWARDS COMPENSATION ON A PROPORTIONATE SHARE AS PER THE GOVERNMENT ORDERS DATED 16.11.2024 ANYWHERE OF THE LAND ACQUIRED BY THE RESPONDENTS VIDE ANNEXURE-Z 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 has approached this Court seeking a writ of mandamus directing the respondents to consider his representation to award 40% of the developed land towards compensation on a proportionate share, as per the Government Order dated 02.12.2010. He further seeks to quash the committee resolution dated 01.06.2022 and the endorsement dated 13.06.2023 and 04.12.2024, whereby his claim for developed land was rejected, and prays for consequential reliefs including costs.

2. Facts of the case:

The petitioner claims ownership over land bearing Sy.No.120/2 measuring 20 guntas situated in Hinnakki Village, Jigani Hobli, Anekal Taluk, Bengaluru District (‘petition property’ for short), purchased under a registered sale Deed dated 28.06.1982. The petition property was notified for acquisition by the Karnataka Housing Board (KHB) under Section 4(1) of the Land Acquisition Act, 1894 on 01.04.2005, followed by a final notification under Section 6(1) on 02.11.2006.

3. A consent award was passed on 10.07.2008, fixing compensation of `34,00,000/- per acre, and awarding `16,15,000/- for 19 guntas (1 gunta clarified as karab land). The petitioner did not withdraw the compensation, asserting entitlement to developed land instead, relying on the Government's policy decision dated 02.12.2010, which provided for allotment of 40% of the developed land in Arkavathi Layout to the landowners whose land were acquired. He made several representations from 2015 to 2024, seeking developed land in lieu of compensation. The KHB, however, issued an endorsement on 09.02.2022 stating that the award amount had been deposited in O.S.No.792/2008 before Civil Court, Anekal and denied consideration of his claim for developed land.

4. The petitioner initially filed W.P.No.8240/2023, wherein this Court disposed of the writ petition on 14.07.2023, reserving liberty to challenge the KHB's endorsement dated 13.06.2023. Subsequently, he filed W.P.No.16967/2023 and by an order dated 24.10.2024, this Court directed respondent No.3 to consider his representations dated 22.04.2022 and 21.05.2022 within four months. Pursuant to the said direction, the petitioner submitted another representation dated 16.11.2024, but the KHB again rejected his claim through an endorsement dated 04.12.2024, reiterating the committee's resolution dated 01.06.2022, which proposed allotment of only 6 X 9 meters site instead of 40% developed land.

5. Learned counsel for the petitioner submits t