- 1 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 39047 OF 2013 (LA-BDA) BETWEEN: 1. SMT. BAGYAMMA AGED ABOUT 45 YEARS NO.185, 9TH C MAIN ROAD VIJAYANAGARA, BANGALORE-560040 …PETITIONER (BY SRI. H T VASANTH KUMAR .,ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M S BUILDING BANGALORE-560001 REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560020. 3. THE SENIOR LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020. …RESPONDENTS (BY SMT. RASHMI RAO, H.C.G.P. FOR RESPONDENT NO.1; SRI. B. VACHAN, ADVOCATE FOR RESPONDENTS NO.2 & 3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DT.21.5.2008 U/S 17(1) & (3) OF B.D.A. ACT FOR THE LAYOUT CALLED NADAPRABHU KEMPEGOWDA LAYOUT, ISSUED BY R-2 & 3 IN RESPECT OF SY.NO.57 KATHA NO.86 SO FAR AS AT ANNX-A TO THE SCHEDULE PROPERTY SITUATED AT KODIGEHALLI VILLAGE, YESHWANTHAPUR HOBLI, BANGALORE NORTH TALUK AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court seeking the following prayers – “a) Issue Writ of certiorari or any other appropriate writ or direction as the case may be and to quash the preliminary Notification vide No.BDA/Commissioner/DC(LA)/ALAO/158/2008- 09 Bangalore dated 21-5-2008 under section 17(1) and (3) of B.D.A Act for the layout called Nadaprabhu Kempegowda Layout, issued by 2nd and 3rd respondent in respect of Sy. No.57 Katha No.86 so far as at Annexure-A to the schedule property situated at Kodigehalli village, Yeshwanthpura Hobli, Bangalore North Taluk. b) to quash gazette final Notification No.UDD 51 - 3 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 MNX 2010, Bangalore dated 18-2-2010, under section 19 (1) of B.D.A Act for the layout called Nadaprabhu Kempegowda Layout approved by the 1st respondent vide so far as Sy. No.57 serial No.307 of Annexure-G of the schedule property situated at Kodigehalli village, Yeshwanthpura Hobli, Bangalore North taluk. c) pass an order directing the Respondents from taking any further action in pursuance of the said notifications and from passing the award, from dispossessing the petitioner, from demolishing the existing structures or changing the nature in respect of schedule property.” 2. The learned counsel for the petitioner submits that the acquisition for ‘Nadaprabhu Kempegowda Layout’ has been affirmed with certain directions by the Division Bench in W.A.No.1783/20141 and connected matters dated 22.02.2024. The directions so issued are as follows - “ORDER i) The above appeals filed by the BDA are allowed; 1 Bangalore Development Authority & Another vs. Sri.R. Shankaran & Another - 4 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 ii) The order dated 11.7.2014 passed by the learned Single Judge in WP No.32186/2010 and other connected writ petitions is set aside. The orders passed in writ petitions which are decided placing reliance on the order dated 11.7.2014 passed in WP No.32186/2010 and other connected writ petitions are also set aside; iii) The preliminary notification bearing No.BDA/ COMMR/DC(LA)/ALAO/158/2008-2009, Bangalore, dated 21.5.2008 and the final notification bearing No. UDD 51 MNX 2010, Bangalore, dated 18.2.2010 issued for acquisition of lands for the formation of the “Nadaprabhu Kempegowda Layout” are upheld subject to the following conditions: a) With regard to the land owners (excluding the site owners): i) All the land owners/writ petitioners who are seeking for dropping of their lands from acquisition on the ground that their lands are (1) nursery lands; (2) situated within green belt; (3) totally built up; (4) that the buildings are constructed by religious/charitable educational institutions; (5) that similar adjoining lands have been either left out from acquisition or de- notified, are permitted to make an application to the BDA seeking for dropping of their lands from acquisition by producing all such material that - 5 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 they deem fit/necessary in support of their applications within 3 months from today; (ii) The BDA shall consider each of the said application/s keeping in mind the status of the lands as on the date of the preliminary notification and without taking into consideration any developments / improvements / constructions made subsequent to the preliminary notification; iii) The BDA shall complete the exercise of considering the applications of the writ petitioners and deciding on the same within an outer limit of six months from today; iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision; v) If the BDA is of the opinion that the acquisition will have to be proceeded with, the BDA is at liberty to proceed further in accordance with law; b) Insofar as the site owners who have not made an application as contemplated in para (iii)(a) hereinabove: i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today by paying the registration fee. However, payment of initial deposit by them is exempted. The - 6 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 necessary documents along with the said applications are also to be filed to enable the BDA to verify the same; ii) The BDA shall treat the applicants as being entitled for priority allotment and allot each of them a site measuring 30x40 feet in the Nadaprabhu Kempegowda Layout at the prevailing allotment prices subject to the applicants satisfying the dual requirements of allotment under the Rules that they must be the residents of Bengaluru (for 10 years) and should not be owning any residential property in Bengaluru; iii) In case the applicants/writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989; c) Insofar as the owners of residential sites who form part of a layout and who have sought for dropping their lands from acquisition in accordance with para (iii)(a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have first filed applications pursuant to para (iii)(a) hereinabove, shall be entitled to a further - 7 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 period of one month after the decision as contemplated therein is intimated to opt to and apply in the manner as contemplated in para (iii)(b) hereinabove. iv) Till the aforesaid exercise directed to be undertaken by the BDA and the applications filed by the writ petitioners, either for allotment of sites or for dropping of the lands from acquisition are considered, their possession shall not be disturbed and the existing construction shall not be demolished. v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of. No costs.” 3. The learned counsel for the petitioner submits that the petition be disposed with liberty to submit a representation, as is reserved by the Division Bench in the aforesaid judgment, in the event he would stand covered by the directions so issued. 4. Learned counsel for the Bangalore Development Authority (“BDA”), Sri. B.Vachan seeks to submit - 8 - HC-KAR NC: 2025:KHC:19777 WP No. 39047 of 2013 that the petitioner cannot be declared to be beneficiary even on consideration of a representation, as she is not the site owner. 5. Be that as it may, I deem it appropriate to dispose the petition in the light of the acquisition being upheld by the Division Bench in W.A.No.1783/2014 and connected matters reserving liberty to the petitioner to submit a representation pending out his grievance, if any. 6. If a representation is submitted, it is needless to observe that the BDA would consider the same in accordance with law and pass necessary orders and communicate the orders so passed to the petitioner. 7. With the aforesaid observations, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE HNM, List No.: 1 Sl No.: 49