IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT APPEAL NO. 477 OF 2025 (BDA)

BETWEEN:

1. THE BANGALORE DEVELOPMENT

AUTHORITY

T.CHOWDALAH ROAD KUMARA PARK WEST

BENGALURU- 560 020 REPRESENTED BY ITS

COMMISSIONER

2. THE DEPUTY SECRETARY-III

THE BANGALORE

DEVELOPMENT AUTHORITY

T.CHOWDALAH ROAD KUMARA PARK WEST

BENGALURU- 560 020

…APPELLANTS

(BY SRI. MURUGESH V CHARATI, ADVOCATE)

AND:

SRI K VIJAY KUMAR

S/O L.K. YESHWANTH

AGED ABOUT 55 YEARS

R/AT NO. 1348, 2ND FLOOR,

7TH BLOCK, VISHVESHWARAIAH LAYOUT

BENGALURU- 560 091.

…RESPONDENT

(BY SRI. VASANTH KUMAR H.T., ADVOCATE FOR C/R)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20.03.2023 PASSED BY THE HONBLE LEARNED SINGLE JUDGE IN WRIT PETITION No. 377/2022 (BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION., AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present intra Court appeal has been filed impugning the judgment and order dated 20.03.2023 passed by the learned Single Judge in W.P.No.377/2022 filed by the respondent.

2. The parties are referred to as per their ranking in the writ petition for the sake of convenience.

3. The Petitioner is a slum-dweller. It appears that the slum area where the petitioner has dwelling unit got gutted down by fire in 1993. The Government took a policy decision to allot sites admeasuring 20x30 sq.ft. for 1460 slum-dwellers including the petitioner. The petitioner was allotted a housing site admeasuring 20 x 30 sq.ft. vide Allotment Letter dated 10.12.1993. In pursuance to the said allotment, the petitioner had deposited the entire consideration of Rs.3,580/- way back in the year 1996.

These facts are not in dispute.

4. It appears, the BDA re-examined the eligibility of 1460 allottees of the sites in the year 1999. On re- examination of the eligibility, the petitioner was found not to be eligible for allotment of the site. However, the petitioner was never communicated the said fact nor the Allotment Order dated 10.12.1993 was ever cancelled by the BDA.

5. When the petitioner despite having deposited the entire consideration way back in 1996, was not given possession of the site allotted to him i.e., site No.574, the petitioner made representation, and thereafter, filed a writ petition before this Court in W.P.No.33040/2019. Learned Single Judge vide judgment and order dated 08.03.2021, had directed the BDA to consider the representation of the petitioner dated 18.07.2019 for allotment of an alternate site as site No. 574 was utilized by Slum Board.

6. It may also be noted that on the representation of the petitioner, a report was submitted by Assistant Executive Engineer of BDA on 14.11.2019 stating therein that Site No. 1629/2, admeasuring 54 sqm was vacant for allotment in favour of Sri. Vijay Kumar, the respondent herein. The said report and name of the allottee is part of Annexure-D, which is as under:

"Bengaluru Development Authority Ref.No. BDA/DS.3/1213/2019.20Date: 14/11/2019 SITE E-DEFINITE MEASUREMENT REPORT Layout Sir.M.Vishveshwarayya layout Block 6th block Site No.1620/2 Survey No.09 Village: Ullalu BOUNDARIES East 1629/3 North Road West 1629/1 South Private property East to west 9.00 metres and north to south 6.00 metres.

Site house total extent 54.00 sqm.

Site No.1629/2 Site No. private property Site House photo CERTIFICATE

1. Site bond stones are erected and the site/house no. is written in colour paint and certified all around there is no extra space.

2. The above mentioned site/house measurement is done and certified that the boundaries and measurement is correct.

3. I certify that the site/ house is vacant.

4. Certified that the site is not allotted to any other is not corner site and is not commercial