Karnataka High Court
Property and Real Estate LawAdministrative and Public Law

Alternate-site allotment price must be fixed at the rate prevailing on the application date.

SMT MAMATHA B V vs THE COMMISSIONER

Karnataka High CourtJUDGMENT: July 24, 20262 MIN READSOURCE JUDGMENT
Alternate-site allotment price must be fixed at the rate prevailing on the application date.. SMT MAMATHA B V vs THE COMMISSIONER. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner’s site at Gidadakonenahalli Village was acquired for formation of the Sir M. Visvesvaraya Layout.

Source reference: no citation

Following the decision in Junjamma v. Bangalore Development Authority, the BDA registered her for an alternate site on 20 December 2014.

Source reference: p. 3; p. 8

The BDA later allotted her Site No. B1-SL-2243 in Nadaprabhu Kempegowda Layout and demanded ₹41,04,500 as the sital value.

Source reference: p. 4

She challenged the demand, seeking fixation of the price at the rate prevailing when she applied for and was registered for an alternate site.

Source reference: pp. 2–3

The BDA defended the demand as consistent with its 2023 decision on valuation of alternate sites.

Source reference: pp. 6–7
02

Issues

1. Whether the BDA could demand the allotment price prevailing when it eventually allotted the alternate site, rather than the price applicable when the petitioner applied and was registered for allotment.

Source reference: pp. 5–8

2. Whether the demand of ₹41,04,500 in the impugned endorsement should be quashed and the allotment price redetermined.

Source reference: p. 9
03

Law Applied

Under the directions in Junjamma v. Bangalore Development Authority [ILR 2005 KAR 608], as applied in the Division Bench decisions in W.A. No. 470/2020 and W.A. No. 659/2025, the relevant allotment price for an alternate site is the price prevailing when the applicant applied for and was registered for allotment—not the price prevailing when the BDA later made the allotment.

Source reference: pp. 5–6, 8

The Court exercised its jurisdiction under Articles 226 and 227 of the Constitution of India to review the impugned endorsement and grant relief.

Source reference: p. 2
04

Reasoning

The petitioner was registered for an alternate site on 20 December 2014, but the BDA made the allotment only in 2025 and demanded the then-applicable amount.

Source reference: pp. 4, 8

The Court considered the Division Bench rulings in W.A. Nos. 470/2020 and 659/2025 to establish that the price must be tied to the date of application and registration.

Source reference: no citation

It rejected the BDA’s reliance on a coordinate Bench decision in W.P. No. 22467/2024 and held that the petitioner could not be burdened with a higher price because the BDA had delayed acting on her request.

Source reference: pp. 7–9
05

Holding

The Court allowed the petition and quashed the impugned endorsement insofar as it demanded ₹41,04,500.

It directed the BDA to redetermine the allotment price at the rate fixed in 2014 and communicate the revised amount to the petitioner within three months of receiving a certified copy of the order.

Source reference: p. 9

The petitioner must pay the communicated amount within three months thereafter.

Source reference: p. 9
Karnataka High Court

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SMT MAMATHA B VvsTHE COMMISSIONER

Karnataka High Court · July 24, 2026

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