Facts
The petitioner’s site at Gidadakonenahalli Village was acquired for formation of the Sir M. Visvesvaraya Layout.
Source reference: no citationFollowing 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. 8The 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. 4She 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. 2–3The BDA defended the demand as consistent with its 2023 decision on valuation of alternate sites.
Source reference: pp. 6–7Issues
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. 5–82. Whether the demand of ₹41,04,500 in the impugned endorsement should be quashed and the allotment price redetermined.
Source reference: p. 9Law 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, 8The 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. 2Reasoning
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, 8The 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 citationIt 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. 7–9Holding
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. 9The petitioner must pay the communicated amount within three months thereafter.
Source reference: p. 9Original Court PDF
SMT MAMATHA B VvsTHE COMMISSIONER
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