WA/318/2025 of SRI V RAVI KUMAR Vs THE STATE OF KARNATAKA on 28 July 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the common judgment and order dated 20.12.2024 passed by the learned Single Judge in

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W.P.Nos.61154/2014 c/w W.P.Nos.50948/2016, 14510/2018, 1201/2020, 8235/2021 and 26090/2022.

2. During the pendency of this appeal, on offer made by the Bangalore Development Authority1 for allotting developed sites to the extent of 50% of the land acquired, the appellant has filed memo dated 28.07.2026. The memo reads as under: "The Appellant submits that, the Appellant through his agent had visited the office of the 2nd Respondent and upon verification, it is noticed that the Land Bearing Sy.No.46 of Kommaghatta Village is available where the Respondent-BDA is in process of formation of sites. Since the location of the suit land is better when compare to the sites which are indicated in the affidavit of the respondent dated 30/06/2026. As such the respondent be directed to allot the sites which are yet be formed in the aforesaid Sy.No. upon after allotting the sites in favour of the land owner. The appellant is ready to wait until the formation of the sites in the said Sy.No. Hence this memo. WHEREFORE, the appellant prays this Hon'ble Court would be pleased to place this memo on record in the interest of justice and equity."

1 "BDA" for short

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3. Mr.G.V.Chandrashekar, learned Senior counsel assisted by Mr.Murugesh V.Charati, learned counsel for caveator respondent Nos.2 and 3 submits that under the scheme, appellant would be entitled for 10,182 Sq ft of developed land. However, in Sy.No.46 of Kommaghatta Village, as of today the sites have not been formed and land has not been developed as the litigation is pending. He further submits that if the appellant wants to take risk and wait for allotment of the land, if any left after allotting to the owner thereof, he would be allotted the land to the extent available. He also submits that he would not have further claim for allotment of the land as he has given up the right for allotting any land anywhere, except the land in Sy.No.46 of Kommaghatta Village.

4. Ms.Nikhita M.Chinnaswamy, Zonal Commissioner West of BDA is present and Mr.G.V.Chandrashekar, learned Senior counsel has made

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this submission on oral instructions given by the Zonal Commissioner West of BDA.

5. Mr.C.M.Nagabhushana, learned counsel for appellant submits that he has filed a memo on own risk and cost of the appellant on the aforesaid terms and conditions. Considering the said submission, we dispose of this appeal, with an observation that the BDA will allot the developed land to the extent available in Sy.No.46 of Kommaghatta Village to the appellant, whenever it is ready and available. Any short fall of the land so allotted in Sy.No.46, shall be made good at any other place wherever the land might be available with the BDA. The appellant will not have any choice for allotment of particular site number.

6. With the aforesaid observation, we dispose of this appeal.

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In view of disposal of Writ Appeal, pending interlocutory applications, if any, stand disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RR List No.: 2 Sl No.: 2 ct-vn