- 1 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 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. 53237 OF 2016 (LA-BDA) BETWEEN: 1. SMT GALAMMA W/O LATE NARASIMHA MURTHY, AGED ABOUT 49 YEARS. 2. SMT MANGALAMMA W/O LATE NAGARAJU, AGED ABOUT 43 YEARS. 3. SMT RATHNAMMA W/O NAGARAJU, AGED 40 YEARS. 4. SMT GOWRAMMA W/O LATE MUNIRAJU, AGED ABOUT 49 YEARS. ALL ARE R/AT NO.269, BHIMANAKUPPE CROSS, NEAR ANJANEYA TEMPLE, RAMOHALLI POST, KENGERI HOBLI, BANGALORE SOUTH DISTRICT, BANGALORE-560060. …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI.SARAVANA S.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S.BUILDING, BANGALORE-560001. 2. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020. 3. THE DY. COMMISSIONER (LAND ACQUISITION) T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020. 4. THE ADDITIONAL SPECIAL LAND ACQUISITION OFFICER T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020. …RESPONDENTS (BY SMT. RASHMI RAO, H.C.G.P. FOR R1; SRI. K. KRISHNA, ADVOCATE FOR RESPONDENT NO.2 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-D THE PRELIMINARY NOTIFICATION DATED 21.5.2008 PUBLISHED IN THE GAZETTE DATED.22.5.2008 AND - 3 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 ALSO FINAL NOTIFICATION DATED 18.2.2010 VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. Heard the Sri.D.R.Ravishankar, learned Senior Counsel appearing for the petitioners, learned H.C.G.P. for respondent No.1 and Sri.K.Krishna, learned counsel for respondents No.2 to 4. 2. The subject acquisition that is called in question pertains to ‘Nadaprabhu Kempegowda Layout’. The Division Bench while considering the challenge to the said acquisition has upheld the acquisition by issuing certain directions in W.A.No.1783/20141 and connected matters dated 22.02.2024. The directions so issued are as follows - 1 Bangalore Development Authority & Another vs. Sri.R.Shankaran & Another - 4 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 “ORDER i) The above appeals filed by the BDA are allowed; 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 - 5 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 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; 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: - 6 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 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 - 7 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 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 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. In the light of the directions, the petitioners are also reserved liberty to submit representations to Bangalore Development Authority (‘BDA’) and the BDA shall consider the same, as is directed by the Division Bench, within the time frame fixed by the - 8 - HC-KAR NC: 2025:KHC:19780 WP No. 53237 of 2016 Division Bench which would run from the date of receipt of a copy of this order. 4. With the aforesaid observations, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE HNM List No.: 1 Sl No.: 58