Sri Mukesh Kumar K V v. The Commissioner

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 2351 OF 2023 (BDA) BETWEEN:

¶1SRI. MUKESH KUMAR K. V. S/O VENKATESHALU K. M., AGED ABOUT 45 YEARS,

¶2SMT. BANUMATHI W/O MUKESH KUMAR K. V., AGED ABOUT 43 YEARS,

BOTH ARE R/AT: NO. 274/B, 11TH MAIN, 37TH A CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. …PETITIONERS (BY SRI. SUNDARESH H. C., ADVOCATE) AND:

¶1THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.

by HEMALATHA J Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:41877( WP(No.(2351(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010053572023( ( (

2., THE,DEPUTY,SECRETARY-I,, BANGALORE,DEVELOPMENT,AUTHORITY,, T.,CHOWDAIAH,ROAD,, KUMARA,PARK,WEST,, BENGALURU,-,560,020., ,

3., THE,ASSISTANT,EXECUTIVE,ENGINEER,, BANGALORE,DEVELOPMENT,AUTHORITY,, T.CHOWDAIAH,ROAD,,, KUMARA,PARK,WEST,, BENGALURU-560,020., …RESPONDENTS, (BY,SRI.,KARTHIKEYAN,B.,S.,,ADVOCATE), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT,IN, THE, NATURE, OF, MANDAMUS, TO, CONSIDER, THE, REPRESENTATION, FILED, BY, THE, PETITIONER, DATED,

03.08.2021, AND, 18.08.2021, AS, PER, ANNEXURE-K, AND, L, RESPECTIVELY, FOR, ALLOTMENT, OF, ALTERNATIVE, SITES, BEARING, NO.B7-SJ-5265,, MEASURING, 24, X, 15, MTRS,, SITUATED, AT, NADAPRABHU, KEMPEGOWDA, LAYOUT,, AS, PER, THE,DECISION,TAKEN,BY,THE,COMMITTEE,CONSTITUTED,BY, NDTHE, BDA, DATED, 09.02.2022, IN, SUBJECT, NO.1, BY, THE, 2 , RESPONDENT, AND, ALSO, AS, PER, THE, CD, REPORT, DATED,

22.05.2022, FURNISHED, BY, THE, ENGINEERING, DEPARTMENT, VIDE,SL.NO.BDA/DS/1/339/2020-21,AS,PER,ANNEXURE-H,AND, RECOMMENDATION,MADE,BY,THE,DEPUTY,SECRETARY,-,I,AS, PER,ANNEXURE-G,FOR,ALLOTMENT,OF,THE,ALTERNATIVE,SITE, AS,MENTIONED,ABOVE,AND,ETC.,,, , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, ,

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have sought for a writ in the nature of mandamus to consider the representations dated

03.08.2021 and 18.08.2021 for allotment of an alternative site bearing No.B7-SJ-5265 measuring 24x15 meters, situated at Nadaprabhu Kempegowda Layout, as per the decision taken by the committee constituted by the respondent - Bangalore Development Authority (BDA) dated 09.02.2022 and also as per the CD report dated

22.05.2022 furnished by the Engineering Department and the recommendation made by the Deputy Secretary-I.

¶2The petitioners contend that the vendor of the petitioners was allotted a site bearing No.3215, measuring 24 x 15 meters, situated at Arkavathi, 7th Block Layout. The petitioners purchased the said site in terms of a sale deed dated 14.07.2017. Thereafter, it was brought to the notice of the petitioners that the site purchased by the

petitioners were transferred to the erstwhile owner under the REDO scheme. The petitioners thereafter approached the respondents with a request to allot an alternative site in their favour. Respondent No.1 by his letter dated

03.08.2021, directed the Executive Engineer of respondent No.1 to conduct a spot inspection of the site and to submit a report regarding the status of the site. The Executive Engineer visited the spot and submitted a report stating that the site in question is transferred to the erstwhile owner under the REDO scheme. Therefore, the case was placed before the committee constituted for allotment of alternate sites. The committee in its meeting held on

09.02.2022 decided to allot an alternate site in favour of the petitioners at Nadaprabhu Kempegowda Layout and further directed the Engineering Department to identify an alternate site for allotment to the petitioners and to collect the CD report of the site.

¶3As per the decision taken, the Deputy Secretary addressed a letter dated 20.05.2022 to the Executive

Engineer to identify site measuring 24x15 meters at Nadaprabhu Kempegowda Layout and furnish CD report of the site for allotment of the same in favour of the petitioners. As per the directions, the Deputy Secretary, the Engineering Department identified a site No.B7-SJ-5265 at Nadaprabhu Kempegowda Layout and the CD report of the site was also furnished to the respondent stating that the site is free from all encumbrances and recommended for allotment of the same. After the CD report of site No.B7-SJ-5265 was submitted, the Deputy Secretary and the Secretary of BDA both recommended for allotment of the site to the petitioners and the entire record was placed before the Commissioner for approval. The petitioners repeatedly approached the respondents with a request to allot the alternate site identified. However, the respondents did not take any steps in that regard, which compelled the petitioners to submit representations dated 03.08.2021 and 18.08.2021.

¶4The petitioners contend that despite the representations, the respondents have not taken any decision and therefore, prays for a direction to the respondents to consider the representations dated

03.08.2021 and 18.08.2021 and allot the alternate site bearing No.B7-SJ-5265 at Nadaprabhu Kempegowda Layout.

¶5Learned counsel for the petitioners reiterated the above submissions and prayed that a direction be issued to the respondents to consider the representations and also allot the alternate site identified by the Executive Engineer as per the recommendations of the committee.

¶6Learned counsel for the respondents submitted that steps would be taken to consider the representations filed by the petitioners for allotment of an alternate site as per the direction of the Committee and as per the CD report furnished by the Engineering Department.

¶7In view of the above, this petition is disposed of directing the respondents to consider the representations of the petitioners dated 03.08.2021 and

18.08.2021 and allot an alternate site bearing No.B7-SJ-5265 measuring 24x15 meters at Nadaprabhu Kempegowda Layout, as per the decision taken by the committee constituted by respondent No.1 dated

09.02.2022 and also as per the CD report dated

22.05.2022 furnished by the Engineering Department and the recommendation made by the Deputy Secretary-I for allotment of the alternate site. This shall be complied within a period of three (03) months from the date of receipt of a copy of this order.

Sd/- (R. NATARAJ) JUDGE

MCR List No.: 1 Sl No.: 36