- 1 - NC: 2025:KHC:3298 WP No. 646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.646 OF 2025 (LA-BDA) BETWEEN: 1. SRI. BANGARU NAYAKA S/O SRIKANTA NAYAKA AGED ABOUT 60 YEARS R/AT NO.656, KODIGEHALLI POST MAGADI MAIN ROAD BENGALURU NORTH TALUK-560 112 2. SRI. SWAMY VELU S/O SRI. THAVAMANI AGED ABOUT 37 YEARS R/AT JAI BHUVANESHWARINAGARA NANDINI LAYOUT BENGALURU-560 096 3. SMT. PAPU SARALA W/O SRI. RAJU ABAGARAM AGED ABOUT 49 YEARS R/AT. NO.528, JAIBHUVANESHWARINAGARA NANDINI LAYOUT BENGALURU-560 096 …PETITIONERS (BY SRI. H.T. VASANTH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN AND DEVELOPMENT, M.S BUILDING BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3298 WP No. 646 of 2025 2. THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK EAST BENGALURU-560 020 3. THE LAND ACQUISITION OFFICER THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK EAST BENGALURU-560 020 …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1; SRI. B.S. SACHIN FOR ADVOCATE R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 07.12.2024 TO DELETE LAND BEARING SY.NO. 53/14P, 15P AND 53/11 TOTALLY MEASURING 2 ACRES SITUATED KODIGEHALLI VILLAGE FROM THE ACQUISITION AND COLLECT THE BETTERMENT CHARGES TO THE PETITIONERS RESPECTIVE SITES / HOUSE AS PER ANNX-J AND DIRECT THE RESPONDENTS TO DELETE THE PETITIONERS SITE BEARING NO.2, MEASURING EAST TO WEST 14 FEET AND NORTH TO SOUTH 26 FEET. EASTERN PORTION OF SITE BEARING NO.3 MEASURING EAST TO WEST 14 FEET AND NORTH TO SOUTH 20 FEET AND SITE BEARING NO.3 AND 4, MEASURING EAST TO WEST 60 FEET AND NORTH TO SOUTH 40 FEET, FORMED IN SY.NO. 53/14P, 15P AND 53/11 SITUATED AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK FROM THE ACQUISITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:3298 WP No. 646 of 2025 ORAL ORDER Petitioners are before this Court claiming to be the purchasers of sites forming part of land in Sy.No.53/14P, 15P and 53/11 totally measuring 2 acres situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, which was originally belonging to one Sri.Narasaiah S/o Chikkahanumaiah. That the said land was subject matter of acquisition in terms of preliminary Notification dated 21.05.2008 and final Notification dated 18.02.2010, acquired for the purpose of formation of Nadaprabhu Kempegowda Layout. That the petitioners have been in settled possession having constructed buildings thereon. 2. Based on the above averments following reliefs are sought for: "WHEREFORE, the Petitioners respectfully pray that this Hon'ble Court may be pleased to: (a) Issue a writ of mandamus directing the Respondents to consider the representation dated 07.12.2024 to delete land bearing Sy. No.53/14P, 15P and 53/11 totally measuring 2 acres situated at Kodigehalli Village from the acquisition and collect the betterment charges to - 4 - NC: 2025:KHC:3298 WP No. 646 of 2025 the Petitioner's respective sites/house as per Annexure - J. (b) Issue a writ of mandamus directing the Respondents to delete the Petitioners site bearing No.2, measuring East to West 14 feet and North to South 26 feet. Eastern portion of site bearing No.3, measuring East to West 14 feet and North to South 20 feet and site bearing No.3 and 4, measuring East to West 60 feet and North to South 40 feet,. formed in Sy. No.53/14P, 15P and 53/11 situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk from the acquisition. (c) Issue a writ of mandamus directing the Respondents to collect the betterment charges to the Petitioners sites formed in Sy.No.53/14P, 15P and 53/11 totally measuring 2 acres situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk. (d) Pass any order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 3. Counsel for the petitioners reiterating the averments in the grounds urged in the writ petition submits - 5 - NC: 2025:KHC:3298 WP No. 646 of 2025 that the petitioner No.1 is the owner of site No.2 purchased under Deed of Sale dated 01.03.2017, petitioner No.2 is owner of site No.3 purchased under Deed of Sale dated 26.6.2014, petitioner No.3 is owner of site No.4 purchased under Sale of Deed dated 28.04.2005. He submits that the petitioners had made representation dated 07.12.2024 for regularization of their respective sites by collecting betterment charges in furtherance of the provisions of Section 38(D) of the BDA Act as per Annexure-J, which has not been considered by the respondents authorities till date. 4. Counsel for the respondents also relies upon the judgment of Division Bench of this Court passed in Writ Appeal No.1783/2014 and connected matters dated 22.02.2024 and relying upon the directions issued in the said judgment submits that the petitioners' case would also fall within the ambit of the directions issued there under. Hence, seeks for allowing the present petition. 5. In response, the counsel for the respondent-BDA submits that petitioners No.1 and 2 have purchased their sites subsequent to the acquisition and it is only the petitioner No.3 - 6 - NC: 2025:KHC:3298 WP No. 646 of 2025 who seems to have purchased the property prior to acquisition. He submits that the benefit under Section 38(D) of the BDA Act as well as in terms of the directions issued at Division Bench of this Court in the aforesaid judgment passed in Writ Appeal No.1783/2014 and connected matters is available only for the persons who had acquired the right, title and interest prior to the acquisition. As such petitioners No.1 and 2 are not entitled for such consideration. However, he fairly submits that if granted some time, the representation of the petitioners would be considered in the light of the provisions under Section 38(D) of the BDA Act by conducting an enquiry as contemplated there under and appropriate order in this regard would be passed. 6. Submission is taken on record. The petition is disposed of with the following directions: i) The petitioners shall file applications in the prescribed form, if any, seeking regularization in terms of the provisions of Section 38(D) of the BDA Act within 15 days from the date of receipt of certified copy of this order. ii) Respondents-BDA shall conduct an enquiry after affording sufficient opportunity to the petitioners, pass - 7 - NC: 2025:KHC:3298 WP No. 646 of 2025 appropriate orders and if the petitioners are found eligible, regularize the same in accordance with law. iii) The aforesaid exercise shall be done within an outer limit of six months from the date of submission of the applications by the petitioners. iv) While conducting the enquiry and passing the orders as above, the respondents-BDA shall also keep in mind the directions issued by the Division Bench of this Court in Writ Appeal No.1783/2014 and connected matters. v) It is made clear that the respondents-BDA shall not take any coercive action against the petitioners until determination of the applications as directed hereinabove. SD/- (M.G.S. KAMAL) JUDGE AP List No.: 1 Sl No.: 9