IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.24779 OF 2024 (BDA)

BETWEEN:

DR. GEETHA NAGARAJ

W/O NAGRAJ,

AGED ABOUT 62 YEARS,

RESIDING AT NO.287,

NETRA MAHALAKSHMI PURAM,

BENGALURU-560086. …PETITIONER

(BY SRI SURESH S. LOKRE, SENIOR COUNSEL FOR

SRI RAGHUNATH C.M., ADVOCATE AND SRI S. SHRAVAN S. LOKRE, ADVOCATE)

AND:

1. THE COMMISSIONER,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST, BENGALURU-560020.

Digitally signed by

MAHALAKSHMI B M

Location: HIGH 2. THE SECRETARY,

COURT OF BANGALORE DEVELOPMENT AUTHORITY,

KARNATAKA

KUMARA PARK WEST, BENGALURU-560020.

3. THE DEPUTY SECRETARY-II,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST, BENGALURU-560020.

4. THE DEPUTY SECRETARY-III,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST, BENGALURU-560020.

5. SMT. DODDA AKKAMMA @ RATHNAMMA AGED ABOUT 60 YEARS, W/O LATE MASTHE GOWDA, 6. SRI VINAY KUMAR AGED ABOUT 33 YEARS, S/O LATE MASTHE GOWDA, 7. SRI VIJAY KUMAR AGED ABOUT 28 YEARS, S/O LATE MASTHE GOWDA, RESPONDENT NOS.5, 6 & 7 ARE R/AT NO.79, SADENAHALLI, ARADESHANAHALLI, BANGALORE RURAL DISTRICT-562110.

8. SRI J.R. KUMAR AGED ABOUT 55 YEARS, S/O LATE D. RAMAIAH, 9. SRI J.R. HARISH AGED ABOUT 50 YEARS, S/O LATE D. RAMAIAH, RESPONDENT NOS.8 & 9 ARE R/AT JAKKURU VILLAGE & POST, YALAHANKA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560064. …RESPONDENTS (BY SRI K. KRISHNA, ADVOCATE FOR R-1 TO R-4; SRI R. BHADRINATH, ADVOCATE FOR R-5 TO R-9)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 30/08/2024 IN NO.BDA/D.S-3/2618 2024-25 IS ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-A. AND TO SET ASIDE ALL FURTHER PROCEEDINGS INITIATED BY THE R1 TO 4 IN FAVOUR OF RESPONDENT NOS.5 TO 9 IN RESPECT OF SITE NO.3226B MEASURING 161.70 SQ. METERS SITUATED AT ARKAVATHI LAYOUT, BANGALORE AND ETC.

THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

This writ petition is directed against the endorsement dated 30.08.2024 issued by the Bangalore Development Authority (BDA) and the allotment letter dated 22.08.2024, whereby Site No.3226-B in Arkavathy layout has been allotted to respondent No.5 as a land loser. The petitioner, who claims to have purchased Site No.7 of the Kempegowda Rural House Building Co- Operative Society in the year 1997, contends that a portion of her site was utilized by the BDA for road widening and that, in view of the BDA’s resolution dated 20.12.2011 granting alternative site to similarly situated site owners, she is entitled to allotment of Site No.3226-B. Therefore, she seeks quashing of the endorsement and allotment made in her favour of respondent No.5.

Brief facts:

2. The petitioner purchased Site No.7 formed by Kempegowda Rural House Building Co-Operative Society in

1997. During the formation of Arkavathy Layout, the BDA utilized 53.91 square meters of the petitioner's site, for widening the existing 40 feet road to 70 feet road. According to the petitioner, the total affected area including the adjoining portion measures 95.69 square meters, for which she claims entitlement to an alternative site. The BDA passed Resolution No.364/2011 dated 20.12.2011, resolving to consider allotment of alternative sites to site owners whose lands were utilized for road formation in the area. In the meanwhile, the BDA acquired lands in Sy. No.92/1 of Jakkur village from several land owners under preliminary notification dated 03.02.2003 and final notification dated 18.06.2014. Respondent No.5 is one such land loser, whose ownership over acquired land stands confirmed by a decree of the Civil Court in O.S. No.5250/2014.

3. Respondent Nos.8 and 9 entered into a registered agreement of sale dated 01.04.2024 with respondent No.5 and her children in respect of the sital area receivable from the BDA as compensation. After processing the compensation, the Land Acquisition Officer recomm