- 1 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.16637 OF 2025 (LA-BDA) BETWEEN: 1. SRI.TEJARAM, S/O. RAMLAL, AGED ABOUT 35 YEARS, RESIDING AT NO.3, NEW 513, 1ST CROSS, BLAL NAGAR, NEAR WATER TANK, SAGAYAPURAM, BENGALURU NORTH, BENGALURU-560 045. …PETITIONER (BY SRI SOMASHEKARA K.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU-560 020. REP. BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICE, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1; SRI.MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NO.2 BDA TO CONSIDER THE APPLICATIONS REPRESENTATIONS DATED 04.10.2024 AND 04.10.2024 FILED BY THE PETITIONER UNDER SECTION 38D OF THE BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 FOR REGULARIZATION OF HOUSE SITE WITH BUILDINGS THROUGH RE-CONVEYANCE IN RESPECT OF SCHEDULE PROPERTY VIDE ANNEXURE-J AND K RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Somashekara K.M., learned counsel appearing for the petitioner, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1, Sri. Murugesh V. Charati, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: "a) Issue a writ of Mandamus or appropriate Writ or Order/s directing the respondent No.2-BDA to consider the applications/representations dated 04.10.2024 and 04.10.2024 filed by the petitioner under section 38D of the Bengaluru Development Authority Act, 1976 for regularization of house site with buildings through re- conveyance in respect of schedule property vide Annexures-J & K respectively, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 b) Issue such other Writ, direction or order as this Hon'ble Court may deem fit to grant in the circumstances of this case to meet the ends of justice and equity." 3. Learned counsel appearing for the petitioner submits that the extent of land that is now seeking benefit under Section 38D of the Bangalore Development Act, 1976 is 1,875 sq.ft., which is well within the limit of 4000 sq.ft., as obtaining under Section 38D of the Bangalore Development Authority Act, 1976. Section 38 of the of the Bangalore Development Authority Act, 1976, reads as follows: "38-D. Allotment of Bangalore Development Authority Land in favour of original owner or purchaser or unauthorized occupant etc.- (1) Notwithstanding anything contained in this Act or in any other law or any development scheme made under this Act, but without prejudice to Section 38-C where the Authority after holding such enquiry as it deems fit, is of the opinion that any land vested in, or acquired by it cannot be used by it on account of existing building thereon and it is not practicable to include such land for the purpose of development scheme or formation of sites, the Authority may, subject to such rules after holding such enquiry as may be prescribed, allot such land by sale in favour of the original owner of the land or purchaser from its original owner or any other person in unauthorized occupation of the land for some reason or other who has put up the building on the land and is in settled possession of such land but does not include a tenant, licencee or permissive user subject to the conditions that.- - 4 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 (i) the building was in existence on such land and in settled possession for not less than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020; (ii) the allotee makes payment towards the allotment of land at rates specified in the table below.- Sl.No. Extent of Land with building, other than corner site Amount to be levied and collected 1. Up to 20'X30' Ten percent of the Guidance value 2. More than 20'X30' and up to 30'X40' Twenty-five percent of the Guidance value 3. More than 30'X40' up to 40'X60' Forty percent of the Guidance value 4. More than 40'X60' and up to 50'X80' Fifty percent of the Guidance value and penalty as may be prescribed Provided that, in respect of corner site with building twice the rate specified above. (iii) total extent of land allotted to any person under this sub-section shall not exceed 4000 square feet and no other member of his family shall be entitled to apply for or seek benefit of allotment of any other land on any ground whatsoever; - 5 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 (iv) such original possessor of the land, purchaser from its original possessor or the person who is in unauthorized occupation of the land for one reason or other and is in possession of such land with building for more than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020 seeking an allotment makes an application to the Authority containing such particulars, within such time and along with such fee as may be prescribed and also produces copy of any of the following supporting documents to establish his settled possession and construction of Building thereon like sale deed, approved plan and permission for construction of building, order for permanent supply of electricity, sanction for connection of supply of water and underground drainage for such building, property tax receipt given or issued by the Competent Authority for being paid the tax for such building or any such other document to establish his settled possession and construction of any building as may be prescribed: Provided that no such land shall be allotted if.- (a) it is reserved for parks, playground, open space or for providing civic amenities; (b) it affects alignment of any road or proposed ring road, National Highways, by-pass road or mass rapid transit system (rail) projects; (c) it is abutting to or upon a storm water drain, tank bed area, river course or beds or below high tension electric lines; and - 6 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 (d) the possession for more than twelve years is litigious or interrupted possession by virtue of interim order of court. Explanation.- For the purpose of this section.- (a) “Guidance value” means estimated market value published under the Karnataka Stamp Act, 1957 prevailing on the date of allotment; (b) “Land” means site with building; (c) “Original owner of the land” means a person who was occupant of the land immediately before publication of development scheme which contained proposal for acquisition of such land; and (d) “Settled possession” means in possession of land with permanent building, without any litigious or interrupted possession but does not include a tenant, licencee or permissive user. (2) The jurisdictional officer who is proved to have failed to prevent unauthorised occupation or construction that have taken place in his jurisdiction from the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020 shall be liable for such punishment as may be prescribed. (3) The Bangalore Development Authority shall take up an action plan to evict the unauthorized occupants in Bangalore Development Authority Lands and who are not eligible for allotment of site under this section on the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020, within two years from the date of commencement of the Amendment Act." - 7 - HC-KAR NC: 2025:KHC:23846 WP No. 16637 of 2025 4. Learned counsel appearing for the petitioner shall thus not put any further construction beyond 1,875 sq.ft and the BDA shall not precipitate the matter till the consideration of the representation under Section 38D of the Bangalore Development Authority Act, 1976. 5. In the light of the submissions of the learned counsel appearing for the petitioner, the petition stands disposed. The representation of the petitioner shall merit consideration in strict consonance with Section 38D of the Act. within twelve (12) weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 41