Smt. Pushpa M.S., Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Smt. Pushpa M.S., Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the Commissioner, Bangalore Development Authority to consider the petitioners' representation dated 22.04.2025 (Annexure-J) for allotment of site Nos.777 and 778 (40 x 60 feet each, Banashankari 6th Stage, 10th Block) and site Nos.107 and 109 (30 x 40 feet each, Banashankari 6th Stage, 7th Block) in accordance with the Deputy Secretary-1 report dated 12.04.2023 and the report dated 03.02.2025 submitted to the Lokayuktha, and to pass appropriate orders in accordance with law within eight weeks.

Issue for consideration

Whether the Court should direct the Commissioner, Bangalore Development Authority to consider the petitioners' representation dated 22.04.2025 (Annexure-J) seeking allotment of site Nos.777 and 778 (40 x 60 each) at Banashankari 6th Stage, 10th Block Layout and site Nos.107 and 109 (30 x 40 each) at Banashankari 6th Stage, 7th Block Layout under the incentive scheme, together with issuance of allotment letters and execution of absolute sale deeds, in light of the Deputy Secretary-1 reports dated 12.04.2023 and 03.02.2025.

Court's answer

The writ petition is disposed of with a direction to the Commissioner, Bangalore Development Authority to consider the petitioners' representation dated 22.04.2025 at Annexure-J for allotment of the sites.

Ratio / Principle

The consideration of the representation is to be in accordance with the report dated 12.04.2023 of the Deputy Secretary-1, BDA and the report dated 03.02.2025 submitted to the Lokayuktha.

Key takeaways

Appropriate orders are to be passed in accordance with law within an outer limit of eight weeks from the date of receipt of the copy of the order.ratio¶57

Detailed headnote1 paragraphs

Karnataka High Court (K.S. Hemalekha J.), order dated 07-11-2025, disposed of W.P. No. 20355 of 2025 (BDA) filed under Articles 226 and 227 of the Constitution. The petitioners, whose family land (3 acres 5 guntas in Sy.No.20/2, 21/A & 21/2, Ganakallu Village, Kengeri Hobli) was acquired by the BDA, had been allotted three incentive-scheme sites (Nos.871, 876, 877) by BDA resolution dated 28.03.2003 and paid full sital value, but sale deeds were never executed and the sites were wrongly allotted to third parties. Following a Lokayuktha complaint, the BDA Deputy Secretary-1 reported on 03.02.2025 that site Nos.777 and 778 (40 x 60, Banashankari 6th Stage, 10th Block) and site Nos.107 and 109 (30 x 40, 7th Block) were suitable for allotment under the incentive scheme. Recording the respondents' counsel's submission, the Court directed the Commissioner, BDA to consider the petitioners' representation dated 22.04.2025 (Annexure-J) in accordance with the Deputy Secretary-1 reports dated 12.04.2023 and 03.02.2025 and pass appropriate orders in accordance with law within an outer limit of eight weeks.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

BEFORE

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

WRIT PETITION NO. 20355 OF 2025 (BDA)

BETWEEN:

SMT. PUSHPA M.S., W/O LATE SHRI. KUMAR K.R, AGED ABOUT 66 YEARS, R/AT NO.1098, 19^TH B MAIN,

NEAR J.P.NAGAR POLICE STATION, J.P.NAGAR 2^ND PHASE, BENGALURU-560 078.

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

SMT. USHA K.R, W/O LATE SHRI. SHIVARAMAKRISHNA V.T, AGED ABOUT 75 YEARS, R/AT NO.65, ANNAPURNA, 21^ST MAIN, 6^TH CROSS, GOVINDARAJA NAGAR, VIJAYANAGAR, BENGALURU- 560 040

…PETITIONERS

(BY SRI. SUNDARESH H C., ADVOCATE)

AND:

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

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

…RESPONDENTS

(BY SRI. AJAY KUMAR M., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 2204-2025 AS PER ANNEXURE-J FOR ALLOTMENT OF SITE BEARING NO. 777 AND 778 MEASURING 40 X 60 EACH SITUATED BANASHANKARI 6^TH STAGE, 10^TH BLOCK LAYOUT (FORMED IN SY. NO.70 OF HEMMIGEPURA VILLAGE) AND ANOTHER TWO SITES BEARING NO. 107 AND 109 MEASURING 30 X 40 EACH SITUATED AT BANASHANKARI 6TH STAGE, 7TH BLOCK LAYOUT (FORMED IN SY.NO.19 OF SOMPURA VILLAGE) UNDER INCENTIVE SCHEME AND TO ISSUE ALLOTMENT LETTER AND TO EXECUTE ABSOLUTE SALE DEED OF THE SAID SITES IN FAVOUR OF THE PETITIONERS FOR HAVING ACQUIRED 3 ACRES 5 GUNTAS OF LAND IN SY.NO.20/2, 21/A AND 21/2 OF GANAKALLU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, AS PER THE REPORT SUBMITTED BY THE DEPUTY SECRETARY-1 DATED 12-042023 BEARING NO. BDA/DS-1/49/2023-24 AS PER ANNEXURE-F AND ALSO THE CD REPORT OF THE SITE FURNISHED BY THE ENGINEERING DEPARTMENT AS PER ANNEXURE-G, G1 TO G3 AND ALSO AS PER THE REPORT SUBMITTED BY THE DEPUTY SECRETARY-1 TO THE LOKAYUKTHA BEARING NO. BDA/COMM/DS-1/1574/202425 DATED 03-02-2025 AS PER ANNEXURE-K AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners have approached this Court seeking the following reliefs:

"a) Issue writ in the nature of Mandamus to consider the representation filed by the petitioner dated: 2204-2025 as per ANNEXURE-J for allotment of site bearing No.777 & 778 measuring 40 x 60 each situated Banashankari 6th Stage, 10th Block Layout (formed in Sy. No.70 of Hemmigepura Village) and another two sites bearing No. 107 and 109 measuring 30 x 40 each situated at Banashankari 6th Stage, 7th Block Layout (formed in Sy. No. 19 of Sompura Village) under incentive scheme and to issue allotment letter and to execute absolute sale deed of the said sites in favour of the petitioners for having acquired 3 acres 5 guntas of land in Sy.No.20/2, 21/A & 21/2 of Ganakallu Village, Kengeri Hobli, Bengaluru South Taluk, as per the report submitted by the Deputy Secretary-1 dated: 12-04-2023 bearing No. BDA/DS-1/49/2023-24 as per Annexure:F and also the CD report of the site furnished by the engineering department as per Annexure-G1 to G3 and also as per the report

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submitted by the Deputy secretary-1 to the Lokayuktha bearing No.1/1574/2024-25 dated:0302-2025 per Annexure:K.

b) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity."

Heard the learned counsel appearing for the

petitioners and the learned counsel appearing for the respondents-BDA.

The case of the petitioners is that the first petitioner's husband and the second petitioner were allotted 3 incentive sites measuring 40 x 60 feet each at Banashankari 6^th Stage, 11^th Block layout, by resolution of the BDA dated 28.03.2003, under the incentive scheme for landowners who had voluntarily surrendered their lands for development. The petitioners were accordingly issued allotment letters in 2004 for site Nos.871, 876 and 877, and they have paid the full sital value. However, the BDA failed to execute the sale deeds in their favour.

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The petitioners later discovered that the said

sites were wrongly allotted to the third parties, despite full payment by them. Consequently, they filed a complaint before the Lokayuktha, alleging irregularities by the BDA officials. Upon enquiry, the Deputy Secretary-1 of the BDA submitted a report to the Lokayuktha on 03.02.2025, acknowledging the petitioners’ entitlement and identifying site Nos.777 and 778 (each measuring 40 x 60 feet) each in Banshankari 6^th Stage, 10^th Block and site Nos.107 and 109 (each measuring 30 x 40 feet) each in Banshankari 6^th Stage, 7^th Block layout, as suitable sites to be allotted to the petitioners under the same incentive scheme.

It is the grievance of the petitioners that despite the said recommendation and the report of the Engineering Department confirming the availability of the sites, the respondents have not issued allotment letters nor executed the absolute sale deeds in their favour.

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Learned counsel for the respondents submits

that the petitioners’ representation dated 22.04.2025 will

be considered in accordance with law within a reasonable time.

The submission is recorded.

The grievance of the petitioners would be redressed if appropriate directions are issued to the respondents to consider and decide the same expeditiously. Accordingly, this Court pass the following:

ORDER

i. The writ petition stands disposed of .

ii. The Commissioner, Bangalore Development Authority is directed to consider the petitioners’ representation dated 22.04.2025 at Annexure-J for allotment of

site Nos.777 and 778 measuring 40 x 60 feet each at Banashankari 6^th Stage, 10^th Block layout and Site Nos.107 and 109

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measuring 30 x 40 feet each at Banshankari 6^th Stage, 7^th Block in accordance with the report dated 12.04.2023 of the Deputy Secretary-1, BDA and the report dated 03.02.2025 submitted to the Lokayuktha, and to pass appropriate orders in accordance with law, within an outer limit of eight weeks from the date of receipt of the copy of this order.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

PHM

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