- 1 - NC: 2025:KHC:4345 WP No. 20133 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20133 OF 2022 (BDA) BETWEEN: 1. SMT REKHA DEVI W/O SRI. DILIPKUMAR AGED ABOUT 46 YEARS OCCUPATION HOUSE WIFE 2. SMT. SEEMA DEVI W/O SRI. HANSMUKH KUMAR AGED ABOUT 42 YEARS OCCUPATION HOUSE WIFE 3. SMT. SEEMA W/O SRI. CHANDRAPAKASHA JAIN AGED ABOUT 38 YEARS OCCUPATION HOUSE WIFE 4. SRI. SUNIL KUMAR S/O SRI LADULAL JAIN AGED ABOUT 32 YEARS OCCUPATION BUSINESS 5. SRI. KAMALESH JAIN S/O LADULAL JAIN AGED ABOUT 30 YEARS OCCUPATION BUSINESS ALL ARE R/AT NO.46, 8TH MAIN, SHAKAMBARI NAGAR, J P NAGAR, IST PHASE BENGALURU - 560 078. …PETITIONERS (BY SRI. ANIL KUMAR A.S., ADVOCATE FOR Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4345 WP No. 20133 of 2022 SRI. PARAMESWARAPPA C.,ADVOCATES) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, VIKASA SOUDHA BENGALURU - 560 001. 2. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020 REP BY ITS COMMISSIONER. 3. THE DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020 …RESPONDENTS (BY SRI. HANUMANTHA RAYA LAGALI., AGA FOR R1; SRI. B.S. SACHIN.,ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.BDA/DS-2/ / 2021- 22 DATED 29.03.2022 ISSUED BY THE R3 AT ANNEXURE-L 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 - 3 - NC: 2025:KHC:4345 WP No. 20133 of 2022 ORAL ORDER Case of the petitioners is that they are the joint purchasers of a site bearing No.1, B.T.M. Layout, 6th Stage, 2nd Phase, 2nd Block, Bengaluru from Smt. Gowramma, Smt. H.K. Shakunthala and Smt. H.K. Shashikala original allottees in terms of registered deed of sale dated 16.03.2016 for a consideration of Rs.1,60,00,000/- and have obtained mutation on their name in the revenue records maintained by the BBMP. 2. That the petitioners had made an application on 08.02.2018 seeking sanction of plan for the purpose of construction of a residential house over the aforesaid site which was delayed for want of approval of plan from the respondent- BDA. Petitioners on enquiry were informed that all the sites in the block where the aforesaid sites is situated are measuring 9X12 meters, while the site of the petitioners is measuring 18.28X20.26 meters. As such, permission sought for could not be granted. Consequently, petitioners made application to respondent-BDA seeking for allotment of alternate site. Upon which the Executive Engineer (South Division), B.D.A conducted the spot inspection and submitted a report stating that adjacent to the site No.1 purchased by the petitioners, - 4 - NC: 2025:KHC:4345 WP No. 20133 of 2022 there exists a storm water drain and site of the petitioner falls within the buffer zone. An endorsement in this regard was issued on 29.03.2022 as per Annexure-L stating that the case of the petitioners will be considered after seeking further instructions from the State Government, inasmuch as the layouts in which the aforesaid sites are situated were formed between the year 1984-85 in terms of the then Rules existed and that the prohibition regarding buffer zone came into existence only in the Revised Master Plan(RMP)-2015. Being aggrieved by the same petitioner is before this Court. 3. Sri. Sachin B.S, learned counsel appearing for the respondent-BDA now submits that the State Government has issued a clarification in terms of which respondent-BDA has been directed to consider the cases in respect of the layouts which were formed prior to the year 2007 in terms of the then existing Rules governing the buffer zone. He submits that the case of the petitioner will be reconsidered and if found eligible same will be considered in accordance with law. 4. Submission taken on record. - 5 - NC: 2025:KHC:4345 WP No. 20133 of 2022 5. Petition is disposed of. Petitioners to submit a fresh representation to respondent-BDA within a period of thirty days from the date of receipt of certified copy of this order. 6. Respondent-BDA shall thereafter consider the same in the light of the submission made by the learned counsel for the respondent-BDA as noted above and pass appropriate orders within further outer limit of eight weeks from the date of submission of fresh representation. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 30