IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.11275/2014 (BDA)

BETWEEN:

SRI.P SEETHARAMAIAH

AGE: 48 EYARS,

S/O SRI.PUTTAPPA,

R/AT NO.4,

BASAVALINGAPPA COLONY,

NAYANDAHALLI, MYSORE ROAD,

BANGALORE-560039.

...PETITIONER

(BY SMT. VAIBHAVI, ADV. FOR SRI.D L JAGADEESH, ADV.)

AND:

1.

BANGALORE DEVELOPMENT AUTHORITY

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020,

REPRSENTED BY ITS COMMISSIONER.

2.

THE ENGINEERING MEMBER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

2

3.

THE LAND ACQUISITION OFFICER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

4.

THE EXECUTIVE ENGINEER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

…RESPONDENTS

(BY SRI.T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R3

SRI M AJAY KUMAR, ADV.)

++++++

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS

TO

ALLOT/SITE

IN

FAVOUR

OF

THE

PETITIONER, IN LIEU OF UTILIZATION OF HIS SITE BEARING

NO.1/1,

MEASURING

0-10

GUNTAS

SITUATED

AT

SONNENAHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH

TQ., AS ORDERED IN W.P.NO.45695/2011 (BDA) DATED

26.07.2012 PASSED BY THIS COURT, WHICH IS PRODUCED AT

ANN-G TO THE WRIT PETITION AND ETC.

THIS PETITION COMING ON FOR HEARING THROUGH

VIDEO CONFERENCE THIS DAY, THE COURT MADE THE

FOLLOWING:-

3

O R D E R

Petitioner is before this Court under Articles 226 and

227 of the Constitution of India, praying for a writ of

mandamus directing the respondent-Bangalore Development

Authority (for short ‘the BDA’) to allot a site in his favour, in

lieu of utilization of his land bearing Sy.No.1/1, measuring

0.10 guntas situated at Sonnenahalli village, Kengeri Hobli,

Bangalore South Taluk in terms of the order dated 26.07.2012

passed

in

W.P.No.45695/2011

by

considering

the

representation dated 07.12.2012 (Annexure-C).

2.

Heard

the

learned

counsel

Smt.Vaibhavi

for

Sri.D.L.Jagadeesh, learned counsel for the petitioner and

Sri.T.P.Rajendra

Kumar

Sungay,

learned

counsel

for

respondent No.3 and perused the writ petition papers.

3.

The petitioner claims that he purchased the land

bearing Sy.No.1/1, measuring 2.00 acres out of 3 acres 24

guntas, situated at Sonnenahalli village, Kengeri Hobli,

Bangalore South Taluk from its owners Sri.S.Narayana and

4

his brothers under a registered sale deed dated 25.07.1997.

It is also stated that the Bangalore Development Authority (for

short ‘the BDA’) acquired Sy.No.1/1 of Sonnenahalli village

and formed sites for allotment, on certain terms and

conditions.

4. The respondent-BDA while forming Sir M.Visweswaraiah

Layout utilized the land of the petitioner to an extent of 0.10

guntas for formation of 30 feet road in the year 2008. Even

though

the

petitioner

resisted

such

utilization,

the

respondents assured that the petitioner would be allotted

alternate site of the same extent i.e. 100%. The petitioner

made representation dated 07.12.2012 requesting to allot

alternate site, but has not resulted in allotment of alternate

site. Further, learned counsel would point out that the

respondent-BDA had undertaken survey and spot inspection

on 30.04.2012 and had passed resolution dated 16.01.2012

in Subject No.04/2012 to allot alternate land, if the lands are

utilized without acquisition.

5

5.

No statement of objections is filed on behalf of the

respondent-BDA.

6.

The petitioner through Annexure-A/Registered Sale

Deed dated 25.07.1997 claims that he is the owner in

possession of the land bearing Sy.No.1/1, measuring 2.00

acres situated at Sonnenahalli village, Kengeri Hobli,

Bangalore South Taluk. Under Annexure-D resolution d