- 1 - NC: 2025:KHC:874-DB WP No. 34625 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34625 OF 2024 (LA-BDA) BETWEEN: SMT. NEELAMMA, WIFE OF LATE VENKATEGOWDA AGED ABOUT 63 YEARS, DODDEBETTAHALLI, VIDYARANYAPURA POST, BENGALURU-560 097. BY POWER OF ATTORNEY BRIJESH.N S/O NAGESH M AGED ABOUT 31 YEARS, R/A NO.178/1, MUNINANJAPPA LAYOUT, NEXT TO INDIAN OIL PETROL BUNK, RAMAMURTHY NAGAR, BENGALURU-560 016. …PETITIONER (BY SMT. SIRI RAJASHEKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPT. BY THE SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S BUILDINGS, BENGALURU - 560 001, BY ITS SECRETARY. 2. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD,BENGALURU-560 020. …RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR.,ADV., FOR R2 & 3; SRI. M. RAJAKUMAR., AGA FOR R1) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:874-DB WP No. 34625 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE FINAL NOTIFICATION ISSUED BY THE 2ND RESPONDENT VIDE No. UDD/553/MNX/2018, BENGALURU, DATED 30.10.2018, PUBLISHED ON 01.11.2018 IN SO FAR IT PERTAINS TO Sy.No.23, Sy. No.29/2 AND Sy.No.29/3, AT ANNEXURE-D AND B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT No.2, BDA TO CONSIDER THE REPRESENTATION DATED 28.12.2023, ANNEXURE-F (FOR DROPPING THE ACQUISITION PROCEEDINGS) AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following reliefs: "a) ISSUE a writ of certiorari to quash the Final Notification issued by the 2nd respondent vide No. UDD/553/MNX/2018, Bengaluru, dated 30.10.2018, published on 01.11.2018 in so far as it pertains to Sy.No.23, Sy.No.29/2 and Sy.No.29/3, at Annexure-D; and b) ISSUE a writ in the nature of Mandamus directing the Respondent No.2, BDA to consider the representation dated 28.12.2023, at Annexure-F, (for dropping the acquisition proceedings) c) PASS any other appropriate orders as this Hon'ble Court deems fit and proper in the ends of justice and equity." - 3 - NC: 2025:KHC:874-DB WP No. 34625 of 2024 2. Heard Smt.Siri Rajashekar, learned counsel for petitioner, Sri.M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri. Shivaprasad M Shantanagoudar, learned standing counsel for respondent Nos.2 & 3. 3. It is the case of petitioner that the property of the petitioner should be dropped from acquisition. The petitioner has submitted a representation on 28.12.2023 to the respondent-BDA, venting out his grievance with regard for the purpose of dropping of his property from acquisition. 4. The learned counsel would take this court through the documents and photographs appended to the petition seeking to demonstrate that the buildings had come up prior to 3.8.2018, the cut-off date fixed by the Apex Court for consideration of the grievance of the petitioner qua the construction of buildings in the properties that have become subject matter of acquisition. - 4 - NC: 2025:KHC:874-DB WP No. 34625 of 2024 5. Learned counsel Sri.Shivaprasad M Shantanagoudar submits that the factual assessment will have to be done with regard to the claim of petitioner qua the documents that he has placed before the court or those that would become necessary to be placed before the BDA. 6. In that light, we deem it appropriate to direct the petitioner to submit a detailed representation to the respondent-BDA if not already given, within four weeks from today and the respondent-BDA shall consider the same within three months thereafter and pass necessary orders with regard to the claim/grievance of the petitioner as would be submitted in the representation. Any information that is necessary from the petitioner shall be solicited by the BDA and the decision taken shall be communicated to the petitioner. Till such consideration takes place by the respondent-BDA, no precipitatory action shall be taken in that regard. - 5 - NC: 2025:KHC:874-DB WP No. 34625 of 2024 With the aforesaid observations, the petition stands disposed. Ordered accordingly. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE Cbc List No.: 1 Sl No.: 14