- 1 - NC: 2025:KHC:1285 WP No. 36017 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 36017 OF 2024 (LA-BDA) BETWEEN: A SURESHA S/O A KRISHNAYYA AGED 62 YEARS, RESIDING AT NO.R/AT NO.168, 8TH STREET, BANK AVENUE BABUSAPALYA, KALYANA NAGARA POST, BANASWADI BENGALURU-560 043 … PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD BANGALORE-560 020 … RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 SRI K. KRISHNA, ADVOCATE FOR R2) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1285 WP No. 36017 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R- 2 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONER DTD 28.12.2011, 17.09.2018, 7.06.2019, 17.12.2021, 8.08.2022, 19.09.2022, 18.08.2023, 21.12.2023 AND 21.02.2024 PRODUCED AT ANNEXURE-N SERIES AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner claiming to be the owner of a site measuring 30X40 Sq. Ft. in Khata No.8, House List No.8/53 situated at Sri Krishna Nagara, Kengeri, Bengaluru, which is subject matter of the acquisition by the respondent-BDA in terms of the notifications dated 21.05.2008 is before this Court seeking quash of said acquisition. 2. Learned counsel for the respondent-BDA draws attention of this Court to the judgment and order dated 22.02.2024, passed by the Division Bench of this Court in W.A.No.1783/2014 and other connected matters, wherein the Division Bench of this Court in paragraph Nos. b) and c) of the operative portion of the order has issued the following directions: - 3 - NC: 2025:KHC:1285 WP No. 36017 of 2024 ''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 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 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.'' - 4 - NC: 2025:KHC:1285 WP No. 36017 of 2024 3. Sri. Vinod Kumar. M, learned counsel for the petitioner does not dispute the same. He however submits that liberty be reserved to the petitioner to file application as envisaged in the aforesaid order of the Division Bench of this Court and a direction be issued to the respondent-BDA to consider the same in a time bound manner. 4. Submissions taken on record. 5. Petition is disposed of with liberty to the petitioner to file an application as directed by the Division Bench of this Court in the order extracted hereinabove. The respondent-BDA shall consider the said application keeping in view the observation and direction issued by the Division Bench of this Court in the aforesaid judgment. Sd/- (M.G.S. KAMAL) JUDGE VGR