IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.20261 OF 2025 (LA-BDA)

BETWEEN:

1. SMT. LALITHA .V

W/O PAPAIAH,

AGED ABOUT 57 YEARS,

R/AT 34/2, 2^ND MAIN ROAD,

1^ST BLOCK EAST, JAYANAGAR,

BANGALORE-560 011. 2. SMT. JAYANTHI .V

W/O MUNIRAJU .V

AGED ABOUT 50 YEARS,

R/AT 34/2, 2^ND MAIN ROAD,

1^ST BLOCK EAST, JAYANAGAR,

BANGALORE-560 011.

…PETITIONERS

Digitally signed by (BY SRI M.S. BHAGWAT, SENIOR COUNSEL FOR MAHALAKSHMI B M SRI ADITHYA R. CHAKRAGIRI, ADVOCATE)

Location: HIGH

COURT OF

AND:

KARNATAKA

1. STATE OF KARNATAKA,

REPRESENTED BY ITS SECRETARY,

DEPARTMENT OF URBAN DEVELOPMENT,

VIKASA SOUDHA,

BENGALURU-560 001.

2. BANGALORE DEVELOPMENT AUTHORITY,

REPRESENTED BY ITS COMMISSIONER,

KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020.

3. SPECIAL LAND ACQUISITION OFFICER, OFFICE OF BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020.

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

B.S. SACHIN, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS; ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 14/05/2014, 02/09/2015 AND 20/09/2017 (ANNEXURES-N, P AND Q RESPECTIVELY) MADE BY THE PETITIONER NO.1 AND ALLOT SITE AS AN INCENTIVE UNDER THE BANGALORE DEVELOPMENT AUTHORITY (INCENTIVE SCHEME FOR VOLUNTARY SURRENDER OF LAND) RULES, 1989 IN FAVOUR OF THE PETITIONERS, AS AGAINST THE 11 GUNTAS OF ‘A’ KHARAB LAND SITUATED AT SY.NO.3/2, UTTARAHALLI MANAVARTI KAAVAL VILLAGE, UTTARAHALLI – KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE, ACQUIRED BY THE RESPONDENT NO.2 – AUTHORITY PURSUANT TO THE FINAL NOTIFICATION DATED 09/09/2003 (ANNEXURE-C), TAKING INTO CONSIDERATION THE DATE ON WHICH THE COMPENSATION FOR THE SAID LAND WAS FIXED i.e. ON 20/11/2003 (ANNEXURE-D), THE DURATION FROM THE DATE OF FIXING THE COMPENSATION TILL INCENTIVE SITE IS ALLOTTED TO THE PETITIONERS AND THE MARKET VALUE OF THE LAND AT SY. NO.3/2, UTTARAHALLI MANAVARTI KAAVAL VILLAGE, UTTARAHALLI – KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE, AS ON TODAY, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 representations dated 14.05.2014, 02.09.2015 and 20.09.2017 (Annexures-N, P and Q respectively) and to allot an incentive site under the Bangalore Development Authority (Incentive Scheme For Voluntary Surrender of Land) Rules, 1989 (for short ‘the Rules, 1989), 2. Heard Sri M.S.Bhagwat, learned Senior Counsel for the petitioners, learned AGA for respondent No.1/State and learned counsel for respondent Nos.2 and 3-Bangalore Development Authority (BDA).

3. Learned counsel for the petitioners submits that though the respondent-authority has allotted incentive sites for a portion of the acquired land, no allotment has been made in respect of 0.22 guntas of ‘A’ kharab land in Sy. No. 3/2, Uttarahalli, Manavarti Kaaval Village, Kengeri Hobli, Bengaluru South Taluk, which was also acquired and for which compensation had been fixed on 20.11.2003. It is submitted that despite repeated representations seeking an incentive site against the ‘A’ kharab portion and though Rule 3 of the Rules, 1989 contemplates allotment of incentive sites to landowners who have voluntarily surrendered possession in terms of the acquisition proceedings, no action has been taken by the respondent-

authority.

4. On the other hand, learned counsel for respondents 2 and 3-BDA submits that the representations so submitted shall be considered in accordance with law within a reasonable time. In fact he states that incentive sites have already been allotted to the petitioners as per the Sub-Committee’s report to the extent of 1