- 1 - NC: 2025:KHC:6605 WP No. 16477 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16477 OF 2019 (LA-BDA) BETWEEN: 1. RAJASHEKARA SON OF SHIVAMMA AGED ABOUT 37 YEARS, SITE NO 42, KANNALLI, VEERABHADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU - 560 091. 2. GIRIJA WIFE OF MUNIRAMAIAH, AGED ABOUT 32 YEARS, SITE NO 43, 44, KANNALLI, VEERABHADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 3. KRISHNA SON OF LATE H RUDRAPPA, AGED ABOUT 36 YEARS, SITE NO 4 KANNALLI, VEERABHADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 4. MARKANDAPPA S/O HANUMANTHA, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6605 WP No. 16477 of 2019 AGED ABOUT 58 YEARS, SITE NO 30, KANNALLI, VEERABHADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 5. RAJANNA S/O. BORAIAH, AGED ABOUT 34 YEARS, SITE NO.17, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 6. SWARNA WIFE OF PARAMESHA G. H. AGED ABOUT 40 YEARS, SITE NO.35, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 7. CHANDRAMMA. C W/O L. RAMACHANDRA, AGED ABOUT 36 YEARS, SITE NO.40, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 8. H. BASAVARAJA SON OF HALAGAPPA, AGED ABOUT 41 YEARS, SITE NO.28, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. - 3 - NC: 2025:KHC:6605 WP No. 16477 of 2019 9. VIDDYA B. N. WIFE OF CHIKKAIAH, AGED ABOUT 31 YEARS, SITE NO.20, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 10. BHAVYASHREE K. D/O. LATE S. D. KUMAR, AGED ABOUT 21 YEARS, R/AT NO.33 B/9, MARUTHI NAGARA SONNEHALLE, KENGERI HOBLI, BANGALORE-560 056. 11. K. S. BORAIAH S/O. SIDDAPPA, AGED ABOUT 56 YEARS, SITE NO.22, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 12. SAVITHRAMMA W/O. RAMANNA AGED ABOUT 53 YEARS, SITE NO.30, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. 13. VINUTHA W/O. SHIVAKUMAR, AGED ABOUT 29 YEARS, SITE NO.50, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. - 4 - NC: 2025:KHC:6605 WP No. 16477 of 2019 14. 15. 16. 17. 18. SHEELA R. W/O. SARVESHAMURTHY P., AGED ABOUT 30 YEARS, SITE NO.12, 13, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. NIRMALA W/O EESHANNA AGED ABOUT 39 YEARS, SITE NO.42, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. SMT. CHELLAYI W/O ARMUGAM AGED ABOUT 33 YEARS SITE NO.15 AND 16, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. SRI. SURESH S/O VENKATEGOWDA AGED ABOUT 36 YEARS SITE NO.27, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. SMT. CHIKKAMMA W/O LATE MUDDAHANUMAIAH AGED ABOUT 64 YEARS SITE NO.31, KANNALLI, VEERABADRASWAMY LAYOUT, - 5 - NC: 2025:KHC:6605 WP No. 16477 of 2019 KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560 091. …PETITIONERS (BY SRI. VARUN JOSHI, ADVOCATE FOR SRI. H SRINIVAS RAO, ADVOCATES) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDINGS, BANGALORE-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY K.P. WEST EXTENSION, BANGALORE-560 020, REP. BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, K.P. WEST EXTENSION, BANGALORE-560 020. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1; SRI. K. KRISHNA., ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 21.05.2008 PUBLISHED KARNATAKA GAZETTE DATED 22.05.2008 ISSUED U/S 17(1) & (3) OF THE BDA ACT, 1976 AT ANENXURE-B BY THE R-2 AND FINAL NOTIFICATION DATED 18.02.2010 ISSUED U/S 19(1) OF THE BANGALORE DEVELOPMENT AUTHORITY ACT 1976, ISSUED BY THE R-1 AT ANNEXURE-C IN SO FAR AS THE PETITIONER'S SCHEDULE LAND IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC:6605 WP No. 16477 of 2019 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners claiming to be owners of certain residential sites forming part of land in Sy.No.35/10P (Old No.35) of Kannalli Village, Yeshwanthpura Hobli, Bangalore North Taluk having purchased under various deeds of sale as described under Annexure-A to the writ petition are before this Court seeking following relief: "Quashing the Preliminary Notification dated 21.05.2008 bearing No.BDA/COMMR/DC(LA) /ALAO/158/2008-09, Bangalore Published Karnataka Gazette dated 22.05.2008 issued u/s 17(1) & (3) of the BDA Act, 1976 at Annexure-B by the R-2 and Final Notification dated 18.02.2010 issued u/s 19(1) of the Bangalore Development Authority Act 1976, issued by the 1st respondent at Annexure-C in so far as the petitioner's schedule Land is Concerned." 2. Case of the petitioners is that land, in which the sites were purchased by them formed part of, has been acquired by respondent-BDA in terms of Preliminary Notification dated 21.05.2008 and Final notification dated 18.02.2010 for the purpose of formation of Nadaprabhu Kempegowda Layout. - 7 - NC: 2025:KHC:6605 WP No. 16477 of 2019 3. At this juncture learned counsel for petitioners submit that in terms of the order passed by the Division Bench of this Court in W.A.No.1783/2014 and connected matters dated 22.02.2024 site owners as that of petitioners have been given liberty to file necessary application seeking relief as provided under the said order and similar benefit be extended to the petitioners as well. 4. Learned counsel for respondents do not dispute the aforesaid factual and legal aspect of the matter. Petition is disposed of reserving liberty to the petitioners to file necessary application seek remedy as provided and reserved by the Division Bench of this Court in the aforesaid order within an outer limit of 30 days from the date of receipt of certified copy of this order. The respondent-BDA shall consider the application of the petitioners individually and on petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. - 8 - NC: 2025:KHC:6605 WP No. 16477 of 2019 In the meanwhile respondent-BDA shall not take any precipitate action against the petitioners until determination of the representation as directed above. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 35