- 1 - NC: 2025:KHC:6604 WP No. 16476 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. 16476 OF 2019 (LA-BDA) BETWEEN: 1. CHOUDRI NOORI W/O IRFAN AGED ABOUT 32 YEARS, SITE NO. 133, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 2. MANJULA W/O LINGARAJA M K AGED ABOUT 47 YEARS, SITE NO.118, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU - 560 091. 3. AKHILA H.S., W/O MANJUNATHA K.P., AGED ABOUT 32 YEARS, SITE NO.111, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 4. JAYALAKSHMAMMA W/O NANJUDAPPA E.S., AGED ABOUT 49 YEARS, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6604 WP No. 16476 of 2019 SITE NO.121, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 5. JAYAMMA W/O LATE M. KRISHNAPPA, AGED ABOUT 55 YEARS, SITE NO.120, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 6. BHAGYAMMA W/O MAHESH, AGED ABOUT 46 YEARS, SITE NO.116, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 7. 8. PADMA W/O SRINATH AGED ABOUT 30 YEARS, SITE NO.114, KANNALLI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. MANJUNATH K.P., S/O K. PUTTASWAMY AGED ABOUT 39 YEARS SITE NO.112, KANNALLI , VEERABHDRASWAMY LAYOUT, KODIGEHALLI POST BENGALURU NORTH TALUK BENGALURU - 560 091. - 3 - NC: 2025:KHC:6604 WP No. 16476 of 2019 9. 10. 11. RANKESH YADAV S/O RAMADARAS AGED ABOUT 33 YEARS SITE NO.117, KANNALLI , VEERABHDRASWAMY LAYOUT, KODIGEHALLI POST BENGALURU NORTH TALUK BENGALURU - 560 091. SHIVARATHNA W/O GANGACHANNAIAH AGED ABOUT 35 YEARS SITE NO.124, KANNALLI , VEERABHDRASWAMY LAYOUT, KODIGEHALLI POST BENGALURU NORTH TALUK BENGALURU - 560 091. MANJULA D., W/O SOMASHEKARAIAH, AGED ABOUT 39 YEARS, SITE NO.127, KANNALLI , VEERABHDRASWAMY LAYOUT, 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 - 4 - NC: 2025:KHC:6604 WP No. 16476 of 2019 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 AND 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: 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.35/3P (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: - 5 - NC: 2025:KHC:6604 WP No. 16476 of 2019 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 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 R-1 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. 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. - 6 - NC: 2025:KHC:6604 WP No. 16476 of 2019 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. 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.: 34