- 1 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18142 OF 2025 (LA-BDA) BETWEEN: 1. SRI. T.V. MANJUNATH, S/O VEERANANJAPPA, AGED ABOUT 61 YEARS, SITE NO.26, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 2. SRI. G.C. MAHADEVAIAH, S/O CHANDRAPPA, AGED ABOUT 51 YEARS, SITE NO.31, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 3. SRI. MUDDAIAH S/O LATE MALLESHAIAH, AGED ABOUT 61 YEARS, SITE NO. 10 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 4. SRI. G. MAHADEVAIAH S/O LATE GURUSIDDAPPA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 AGED ABOUT 50 YEARS, SITE NO.30/A, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 5. SRI. B. ADAVEESHAIAH S/O LATE DODDA LINGAIAH, AGED ABOUT 60 YEARS, SITE NO.42, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 6. SRI. M.V. LAKSHMINARAYANAPPA S/O VENKATARAMANAPPA, AGED ABOUT 60 YEARS, SITE NO.40, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 7. SRI. CHANDRASHEKARAIAH S/O RAJASHEKARAIAH, AGED ABOUT 60 YEARS, SITE NO.27, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 8. SRI. SHIVARUDRAIAH, S/O CHANNABASAVAIAH, AGED ABOUT 71 YEARS, SITE NO.28 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, - 3 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 BENGALURU NORTH TALUK, BANGALORE - 560 091. 9. SMT. ANUSUYAMMA W/O GANGAIAH, AGED ABOUT 57 YEARS, SITE NO.23, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 10. SRI. R.S. KUMARASWAMY S/O LATE R.G. SHIVANNA, AGED ABOUT 58 YEARS, SITE NO.11, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 11. SRI. G.H. LINGADEVARU S/O LATE HONNAPPA, AGED ABOUT 50 YEARS, SITE NO.30, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. 12. SMT. GOWRAMMA W/O RANGASWAMAIAH, AGED ABOUT 40 YEARS, EASTERN HALF PORTION OF SITE NO.18, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. - 4 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 SMT. B.R. PARVATHAMMA SINCE DEAD REPRESENTED BY HER LRS 13. SMT. ANUSUYA D/O C. BASAVAIYYA AGED ABOUT 40 YEARS, SITE NO. 8, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE - 560 091. …PETITIONERS (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, BENGALURU - 560 001. 2. BENGALURU DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, KUMARA PARK WEST, BENGALURU - 560 020. 3. SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI. RASHMI RAO, HCGP FOR R1; SRI. VASANTHA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE - 5 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 RESPONDENTS TO DELETE ITEM NO.1 TO 13 OF THE SCHEDULE PROPERTIES FROM ACQUISITION PROCEEDINGS OR IN THE ALTERNATE AND ETC., 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 Shri L.M. Chidanandayya, learned counsel appearing for the petitioners; Smt. Rashmi Rao, learned High Court Government Pleader appearing for respondent No.1 and Shri Vasantha, learned counsel appearing for respondent No.2. 2. The petitioners are before this Court, seeking for the following prayers: "a) Issue an order, direction or writ in the nature of MANDAMUS directing the Respondents to delete Item No.1 to 13 of the Schedule Properties from acquisition Proceedings or in the alternate. b) Issue any order writ, order or directions writ in the nature of Mandamus directing the Respondents to consider the representation vide ANNEXURE-M, N1 -N12 respectively, dated 25.03.2025. c) Issue an order, direction writ in the nature of mandamus directing the Respondents not to demolish the constructions made in Item No.1 to 13 of the Schedule Properties and - 6 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 d) Issue such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case." 3. The learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of MRS. USHA SANCHETI & Ors. Vs. THE STATE OF KARNATAKA & Ors1, the Co-ordinate Bench has held as follows: "3. In this writ petition, the petitioners are seeking direction to the respondent-authorities to de-notify the land in question belonging to the petitioners from the acquisition proceedings inter-alia sought for allotting the same sites along with constructed houses as acquisition proceedings has been lapsed on account of not passing award. 4. It is the case of the petitioners that, the petitioners herein are the owners of respective petition schedule properties and as such, approached the respondent-authorities to delete/de-notify the land bearing Sy Nos.86 and 93/5 of Kannalli village, Yashwantpur Hobli, Bangalore North Taluk, however, there is inaction on the part of respondent- authorities. 5. In that view of the matter, taking into consideration order of the Division Bench of this Court in W.A. No.1783 of 2014 and connected appeals disposed of on 22.02.2024, wherein, this Court has laid down the guidelines insofar as the case of site owners/owners of the constructed building. Operative portion of the order passed by the Division Bench of this Court reads as under: "i) The above appeals filed by the BDA are allowed; 1 WP.No.33882/2024 disposed on 18.12.2024. - 7 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 ii) The orer 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 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; - 8 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 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 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 - 9 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 site owners who have first filed applications pursuant to para (iii)(a) hereinabove, shall be entitled to a further 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." 6. Following the declaration of law made by this court in the said writ appeals, the respondent - Bangalore Development Authority is directed to consider the case of the petitioners in accordance with law. It is to be noted that, as the petitioners have already approached respondent-Bangalore Development Authority by making representations during the year 2010 and as the said representations are made earlier, it is open for the petitioners to make one more representation to the respondent-Bangalore Development Authority within two weeks from the date of receipt of certified copy of this order and if such representation is made by the petitioners to the respondent-Bangalore Development Authority, the same shall be considered by the respondent-Bangalore Development Authority within an outer limit of four months, thereafter, in the light of the order dated 22.02.2024 passed in W.A.No.1783 of 2014 and connected writ appeals. Till the consideration of the representation that may be made by the petitioners as stated above, no coercive steps shall be taken against the petitioners. Accordingly, the writ petition is disposed of. - 10 - HC-KAR NC: 2025:KHC:22406 WP No. 18142 of 2025 4. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 37 CT: BHK