- 1 - NC: 2025:KHC:11933 WP No. 6658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 6658 OF 2025 (LA-BDA) BETWEEN: MR. B.G. RAMACHANDRA, S/O. LATE JANGAMA REDDY AND LAKAMMA, 57 YEARS, R/AT NO.5, NAVYA NIDHI APARTMENT, 4TH CROSS, CHIKKA BANASWADI, M.S. NAGAR, BANGALORE - 560 043. …PETITIONER (BY SRI. SHRAVAN S. LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, BANGALORE - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY HAVING ITS HEAD OFFICE AT 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020. (REPRESENTED BY ITS COMMISSIONER) 3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11933 WP No. 6658 of 2025 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1; SRI. N.R. GIRISHA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 2ND AND 3RD RESPONDENT TO CONSIDER THE REPRESENTATION ISSUED TO THE RESPONDENT NO.2 AND 3 UNDER THE PROVISIONS OF SECTION. 20 AND 21 AND 26 OR ANY OTHER RELEVANT PROVISIONS UNDER THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 DATED 04- 02-2025 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner has given a representation at Annexure-A dated 04.02.2025 seeking the Commissioner to levy betterment charges in terms of Sections 20 and 21 of the Bangalore Development Authority Act, 1976, or any other relevant provision in respect of site No.246/3-1 - 3 - NC: 2025:KHC:11933 WP No. 6658 of 2025 formed in Sy.No.246/3, Banaswadi Village, K.R.Puram Hobli, Bangalore East Taluk. 2. Learned counsel for the petitioner submits that this Court, in writ petition No.20479/2021 has declared that after the issuance of preliminary notification on 03.11.1977 and after the issuance of final notification dated 13.11.1980, no award was passed and no compensation was deposited. It was also held that the respondent-BDA has not produced any relevant document for the purpose of establishing the factum of taking over possession. In that view of the matter, the writ petition was allowed and both the notifications for acquisition were quashed by order dated 28.11.2022. The order passed in WP.No. No.20479/2021 has attained finality. In that view of the matter, the petitioner has given the representation at Annexure-A calling upon the Commissioner to levy betterment charges and enable the petitioner to develop the site. - 4 - NC: 2025:KHC:11933 WP No. 6658 of 2025 3. Having regard to the facts narrated herein above, this Court is of the considered opinion that respondent No.2-Commissioner-BDA is required to consider the representation given by the petitioner and pass necessary orders in accordance with law. 4. Accordingly, the writ petition stands disposed of with a direction to the Commissioner, Bangalore Development Authority to consider the representation at Annexure-A dated 04.02.2025 given by the petitioner and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv CT: BHK