- 1 - NC: 2025:KHC:8583 WP No. 16015 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 16015 OF 2013 (LA-BDA) BETWEEN: 1. DR K S SUNDARAM AGED ABOUT 61 YERAS S/O K A SANJEEVI CHETTY PRESENTLY ATPADMA SANJEEVINI CLINIC NO.17/1, PATALAMMA TEMPLE STREET NEAR SOUTH END CIRCLE BASAVANAGUDI, BANGALORE 560 004. 2. 2(a) DR PATTABHI RAMAN SINCE DECEASED BY HIS LR Dr.SHASHI RAMAN AGED ABOUT 71 YEARS S/O LATE V ANANTA CHARLU R/AT NO.HA-I, 2ND BLOCK KRISHNA REGANCY APARTMENT TATA SILK FARM 23, K R ROAD, BASAVANAGUDI BANGALORE 560 004 3. DR RAMYA GANGAPPA AGED ABOUT 43 YEARS, D/O DR GANGAPPA R/AT NO.186, 38TH CROSS 5TH BLOCK, JAYANAGARA BANGALORE 560041. 4. SMT C THAYAMMA AGED ABOUT 65 YEARS W/O DR B MARI GOWDA R/AT NO.2541, GUTHAL POST THAVAREKRE, MANDYA 571 403. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8583 WP No. 16015 of 2013 5. SMT D V PADMAVATHY AGED ABOUT 53 YEARS W/O DR G K SWETHADRI R/AT D42, SRIRAMA SADANA GOKULA, MSR ROAD, BANGALORE 560054 6. SMT RABIA BANU AGED ABOUT 54 YEARS W/O MOHEMMED HANEEF R/AT NO.22, S R KRISHNAPPA GARDEN TILAK NAGAR, JAYANAGARA BANGALORE 560 041 7. DR N NARAYANA SWAMY AGED ABOUT 71 YEARS S/O NARASIMHAIAH R/AT NO.920, 22ND MAIN ROAD 4TH T BLOCK, JAYANAGARA BANGALORE 560 041 8. SMT SYEDA JABEEN F AGED ABOUT 54 YEARS W/O MR MOHD MARGOOD UR REHMAN R/AT NO.24, HMI HOUSE NEAR HOLY MOTHER ENGLISH SCHOOL PUTTENAHALLI EAST, J P NAGAR BANGALORE 560078. 9. SMT T D BANUMATHI AMMAL AGED ABOUT 60 YEARS W/O T G DHANRAJ R/AT NO.341, 6TH CROSS LAKSHMI LAYOUT, PUTTENAHALLI BANGALORE. 10. SMT S K NAZEEM SULTANA AGED ABOUT 43 YEARS W/O S K SAJJAD AHMED R/AT NO.4, KHAZI STREET BASAVANAGUDI, BANGALORE 560 004. - 3 - NC: 2025:KHC:8583 WP No. 16015 of 2013 11. SRI K MONOHARLAL S/O LATE KISHEN CHAND [SINCE DECEASED BY HIS LR’s PETITIONERS 12 & 13 ARE TREATED HIS LEGAL REPRESENTATIVES AS PER ORDER DATED 04.07.2023] 12. SMT RENU M MAKHIJA AGED ABOUT 57 YEARS W/O K MONOHARLAL R/AT NO.119, CHURCH ROAD 3RD CROSS, SHANTHINAGAR BANGALORE 560027 13. SRI SUNIL M MAKHIJA AGED ABOUT 38 YEARS, S/O K MONOHARLAL R/AT NO.119, CHURCH ROAD 3RD CROSS, SHANTHINAGAR BANGALORE 560027. 14. SRI S K SAJJAD AHMED AGED ABOUT 54 YEARS S/O S ABDUL KHALUQ NO.4, KHAZI STREET BASAVANAGUDI, BANGALORE 560 004 REPRESENTED BY HIS GPA HOLDER SRI MOHAMMED SAFIULLA AGED ABOUT 67 YEARS S/O ABDUL RAHAMAN R/AT NO.5/2, CHURCH ROAD CROSS BASAVANAGUDI, BANGALORE 560004. 15. SMT S K NAZEEM SULTHANA AGED ABOUT 43 YEARS W/O S K SAJJAD AHMED R/AT NO.4, KHAZI STREET BASAVANAGUDI, BANGALORE 560 004 REPRESENTED BY HSI GPA HOLDER SRI MOHAMMED SAFIULLA AGED ABOUT 67 YEARS - 4 - NC: 2025:KHC:8583 WP No. 16015 of 2013 S/O ABDUL RAHAMAN R/AT NO.5/2, CHURCH ROAD CROSS BASAVANAGUDI, BANGALORE 560 004. 16. SRI ADAM CHALLAWALA AGED ABOUT 57 YEARS S/O SHAIKH MOHSIN R/AT NO.15, ROYAL HOUSE F STREET KALASIPALYAM, BANGALORE 560 002. 17. SRI MOHAMMED AGED ABOUT 55 YEARS S/O SRI CHALLAWALA R/AT NO.15, ROYAL HOUSE F STREET KALASIPALYAM, BANGALORE 560 002. 18. 18(a) SRI V BALAJI S/O SRI R VENKATRAMAN (SINCE DECEASED BY HIS LR’s AS PER ORDER DATED 04.07.2023) SMT. PRAYUKTHA BALAJI, AGED ABOUT 55 YEARS, W/O LATE V.BALAJI R/AT FLAT NO.2, ROOPASRI APARTMENT NO.42, GOVINDAPPA ROAD BASAVANAGUDI, BANGALORE 560 004. 19. 19(a) SRI RAHAMAN KHAN SINCE DECEASED BY HIS LR SMT. MAHABOOBBI R.K., AGED ABOUT 33 YEARS, D/O LATE RAHAMAN KHAN AND W/O PRAVEZULLA KHAN, R/AT NO.7/2, 7TH CROSS LBF ROAD,BANGALORE 560 004 20. SMT NAYEEMA KHANUM AGED ABOUT 51 YEARS W/O RAHAMAN KHAN R/AT NO.7/2, 7TH CROSS - 5 - NC: 2025:KHC:8583 WP No. 16015 of 2013 LBF ROAD, BANGALORE 560 004. 21. SMT C CHANDRAKALA AGED ABOUT 30 YEARS W/O M R VENUGOPAL REDDY R/AT AREKERE VILLAGE VINAYAKANAGAR IIM POST, BANNERGHATTA ROAD BANGALORE 560 067 …PETITIONERS (BY SRI. K.K.VASANTH., ADVOCATE FOR PETITIONERS No.1, P-2(a), 3 TO 5, 7 TO 20; SRI. SYED SHUJATH MEHDI., ADVOCATE FOR P-6; SRI. MURALI.M., ADVOCATE FOR P-21) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, 4TH FLOOR BANGALORE 560 001 REPRESENTED BY ITS SECRTARY 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE 560 020 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI. MURUGESH.V.CHARATI., ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS AND THE PARTIESDECLARE THAT THE PROPOSED SCHEME FOR FORMATION OF LAYOUT CALLED FURTHER EXTENSION OF ANJANAPURA LAYOUT HAS LAPSED UNDER SECTION 27 OF BDA ACT SO FAR AS IT RELATES TO SY NO.122/1 MEASURING 1 ACRE 30 GUNTAS OF GOTTIGERE VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK WHEREIN THE IMA HOUSING - 6 - NC: 2025:KHC:8583 WP No. 16015 of 2013 CO-OPERATIVE SOCIETY LTD FORMED A LAYOUT CALLED DOCTORS LAYOUT AND DEMARCATED SITE 68 TO 97 AND SOLD THE SAME IN FAVOUR OF THE PETITIONERS HEREIN AND OTHERS, ETC. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners have filed this petition for a declaration that the scheme for formation of the layout called Further Extension of Anjanapura Layout had lapsed insofar as it relates to Sy.No.122/1 measuring 01 acre 30 guntas, since the Indian Medical Association Housing Cooperative Society (“the IMA Society”, for short) had formed a layout called Doctor's Layout and the demarcated sites have been purchased by the petitioners or their predecessors-in-title. 2. They have also sought for quashing the notification issued under Section 17 and declaration issued under - 7 - NC: 2025:KHC:8583 WP No. 16015 of 2013 Section 19 of the Land Acquisition Act, 1894 (for short, ‘the Act’) in respect of Survey No.122/1. 3. Alternatively, they are seeking for a direction to be issued to the respondents to consider their claim for deleting the said land from the purview of acquisition. 4. It is not in dispute that amongst several lands which were notified for formation of further extension of Anjanapura layout, the land bearing survey No.122/1 in Gottigere Village was also notified in the preliminary notification dated 17.03.2001 and was also included in the declaration issued under Section 19 of the Act on 04.03.2002. 5. The Bangalore Development Authority (“BDA”) has contended that it had passed an award on 28.10.2002 and had also taken possession of the land on 08.09.2003 and there was also a notification issued under Section 16(2) of the Act on 15.10.2004 - 8 - NC: 2025:KHC:8583 WP No. 16015 of 2013 and the compensation was also deposited into the Civil Court. The BDA therefore contends that the lands have stood vested in the BDA and the same cannot be disturbed. 6. It is however the case of the petitioners that they are the persons who have been allotted sites by the IMA Society or to their predecessors or they are the purchasers from the allotees in the layout that had been formed in survey No.118/1, measuring 02 acre 30 guntas; survey No.121/2, measuring 02 acre 23 guntas; survey No.122/1, measuring 01 acre 30 guntas; and survey No.122/2, measuring 03 acres 20 guntas, i.e., the layout formed in a total extent of 10 acres 38 guntas. 7. 7. It is their specific case that the IMA Society had made a request to the BDA to delete all the lands in which they had formed the layout, but there was a mistake in the representation submitted by them, viz., instead of mentioning four survey numbers, - 9 - NC: 2025:KHC:8583 WP No. 16015 of 2013 they had only mentioned survey Nos.118/1, 121/2 and 122/2 and they had omitted to mention survey No.122/1 and as a consequence, this particular land was not deleted and it is in this land, that the layout had also been formed and the petitioners were the allottees of the sites in question. 8. In light of the above, on 27.06.2024, the Commissioner, BDA, was directed by this Court to file an affidavit as to whether the BDA has taken into consideration that the layout that had been formed by the IMA Society and the sites that have been sold to its members. The Commissioner was also directed to get a sketch prepared indicating the location of survey No.122/1 and also the other three survey numbers which were deleted i.e., survey Nos.118/1, 121/2, and 122/2. 9. The Commissioner, in compliance with the said order, has filed an affidavit on 25.07.2024 in the following terms: - 10 - NC: 2025:KHC:8583 WP No. 16015 of 2013 “AFFIDAVIT I, N. Jayaram, presently officiating as the Commissioner, Bangalore Development Authority, Bangalore, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am officiating as the Commissioner, Bangalore Development Authority. The averments made in the present affidavit are based on the records maintained in the office of the BDA and the status report is as per the un-official note sent by the Assistant Executive Engineer, No.1, South Sub Division, Bengaluru. 2. I submit that this Hon'ble Court vide order dated 27.06.2024 had directed the Commissioner, BDA to file an affidavit stating as to on what basis Sy. No. 118/1, 121/2 and 122/2 of Gottigere Village were given up from the purview of acquisition by not including them in the declaration under Sec. 19 of the Act. It was also directed that the affidavit should also state whether the BDA took into consideration that the layout had been formed at the behest of the society and the sites had been sold to its members in these survey numbers. This Hon'ble Court had also directed to get a Sketch prepared indicating the location of Sy. No. 122/1 and also Sy. Nos. 118/1, 121/2 and 122/2 of Gottigere Village. 3. I submit that the Land Acquisition Section has maintained the list of lands dropped from acquisition in further extension of Anjanapura layout. The Land Acquisition Section of the BDA has maintained a scheme file and in the said scheme file the list indicating the basis on which the lands were dropped from the acquisition proceedings is available. The copy - 11 - NC: 2025:KHC:8583 WP No. 16015 of 2013 of the list is herewith produced and marked as ANNEXURE-R.1 to the affidavit. From the above mentioned list the following is observed: SL. NO SY. NO VILLAGE NAME OF THE KATHEDAR AND REASONS 225 118/1 Gottigere Village P.R. Anjanappa – Private layout formed 231 121/2 Gottigere Village B.A.Ram and Others – Private layout formed 232 122/2 Gottigere Village B.A.Lakshman and others –Private layout formed 4. I submit that a list was also prepared which was signed by the Revenue Inspector, Revenue Surveyor and Special Land Acquisition Officer of the BDA. The copy of the same is herewith produced and marked as ANNEXURE-R.2. From the said list, the following can be noticed: SL. NO SY. NO VILLAGE 225 118/1 Gottigere Village Private layout formed (IMA) 231 121/2 Gottigere Village Private layout formed (IMA) 232 122/2 Gottigere Village Private layout formed (IMA) 5. I submit that a total station survey has been prepared by the Engineering Section, identifying Sy. No. 118/1, 121/2 and 122/2 and 122/1 of Gottigere Village. The copy of the same is herewith produced and marked as ANNEXURE-R.3. - 12 - NC: 2025:KHC:8583 WP No. 16015 of 2013 6. I submit that the Engineering Section has also prepared an unofficial note indicating the status of the land. The copy of the same is herewith produced and marked as ANNEXURE-R.4. I submit that other than the list of the land dropped from acquisition and the list prepared by the Land Acquisition Section along with the Survey Department, no other documents could be traced in the office of the Land Acquisition Section to show on what basis the Sy. No. 118, 121/2 and 122/2 of Gottigere village were given up from the purview of acquisition proceedings by not including them in the declaration under Sec. 19 of the Act. 7. I submit that the averments in the present affidavit are based on the information given to me and I believe them to be true. I submit that the present affidavit may be taken on record in the interest of justice and equity. Place : Bangalore Sd/- Date:25 JUL 2024 DEPONENT” 10. As could be seen from the said affidavit, the Commissioner has admitted that a private layout has been formed in survey Nos.118/1, 121/2 & 122/2 and he has also admitted that there was a private layout formed by the IMA Society. A sketch is also - 13 - NC: 2025:KHC:8583 WP No. 16015 of 2013 prepared and produced in which survey No.122/1 is also indicated and this sketch would indicate that it is abutting survey No.122/2, thereby establishing the case of the petitioners that IMA Society had formed a layout in this particular land also. 11. The Commissioner has also enclosed a note prepared and signed by the Assistant Engineer and Assistant Executive Engineer as Annexure-4, which reads as follows: PÀArPÉ ¸ÀASÉå n¥ÀàuÉ ªÀÄvÀÄÛ DeÉÕ C£Ë¥ÀZÁjPÀ n¥Ààt «µÀAiÀÄ:-WP No.16015/2013, zÁªÉUÉ ¸ÀA§A¢ü¹zÀAvÉ, ªÀÄÄAzÀĪÀgÉzÀ CAd£À¥ÀÄgÀ 12£Éà ¨ÁèPï §qÁªÀuÉAiÀÄ UÉÆnÖUÉgÉ UÁæªÀÄzÀ ¸ÀªÉð £ÀA.122/1 gÀ ªÀ¸ÀÄÛ¹Üw ªÀgÀ¢ ¤ÃqÀĪÀ §UÉÎ. G¯ÉèÃR:- 1) PÁ£ÀÆ£ÀÄ C¢üPÁjUÀ¼ÀÄ gÀªÀgÀ PÀbÉÃj ¥ÀvÀæ ¸ÀASÉå: BDA/LO/491/2024-25, ¢£ÁAPÀ: 11.07.2024. 2) PÁAiÀÄð¥Á®PÀ C©üAiÀÄAvÀgÀgÀÄ(zÀ)gÀªÀgÀ PÀbÉÃj ¹éÃPÀÈw ¸ÀASÉå: 755/2024-25, ¢£ÁAPÀ: 16.07.2024. ***** - 14 - NC: 2025:KHC:8583 WP No. 16015 of 2013 ªÉÄîÌAqÀ «µAiÀÄPÉ̸ÀA§A¢ü¹zÀAvÉ, WP No.16015/2013 zÁªÉUÉ ¸ÀA§A¢ü¹zÀAvÉ, ªÀÄÄAzÀĪÀgÉzÀ CAd£Á¥ÀÅgÀ 12£Éà ¨ÁèPï §qÁªÀuÉAiÀÄ UÉÆnÖUÉgÉ UÁæªÀÄzÀ ¸ÀªÉð £ÀA.122/1 gÀ ªÀ¸ÀÄÛ¹Üw ªÀgÀ¢ ¤ÃqÀĪÀAvÉ PÁ£ÀÆ£ÀÄ C¢üPÁjUÀ¼ÀÄ G¯ÉèÃR ¥ÀvÀæ(01) gÀ°è PÉÆÃjgÀÄvÁÛgÉ. ªÀÄÄAzÀĪÀgÉzÀ CAd£Á¥ÀÅgÀ §qÁªÀuÉAiÀÄ 12£Éà ¨ÁèPïUÁV mÉÆÃl¯ï ¸ÉÖõÀ£ï £ÀPÉëAiÉÆA¢UÉ ¥Àj²Ã°¸À¯ÁV, UÉÆnÖUÉgÉ UÁæªÀÄzÀ¸ÀªÉð£ÀA.118/1 gÀ°è SÁ¸ÀV §qÁªÀuÉ ¤«Äð¸À¯ÁVgÀÄvÀÛzÉ. ¸ÀªÉð£ÀA.122/1 gÀ°è SÁ¸ÀV §qÁªÀuÉ ¤«Äð¸À¯ÁVzÀÄÝ, ¤ªÉñÀ£ÀUÀ¼À°è±Éqï UÀ¼À£ÀÄߤªÀiÁðt ªÀiÁrPÉÆAqÀÄ ¤ªÉñÀ£ÀzÀ¸ÀÄvÀÛ®Æ PÁA¥ËAqï ¤ªÀiÁðt ªÀiÁrPÉÆArgÀÄvÁÛgÉ. ¸ÀªÉð£ÀA.121/2 gÀ°è C¥ÁmïðªÉÄAmïªÀÄvÀÄÛªÀÄ£ÉUÀ¼À£ÀÄß ¤«Äð¸À¯ÁVgÀÄvÀÛzÉ. ¸ÀªÉð£ÀA.122/2 gÀ ¸ÀévÀÄÛ¨sËwPÀªÁV SÁ° EgÀÄvÀÛzÉ. mÉÆÃl¯ ï¸ÉÖõÀ£ï£ÀPÉëAiÀÄ GzÀÎçvÀ¨sÁUÀzÀ°è UÉÆnÖUÉgÉ UÁæªÀÄzÀ ¸ÀªÉð £ÀA.118/1, 121/2, 122/2 ªÀÄvÀÄÛ 122/1 UÀÄgÀÄw¹, bÁAiÀiÁavÀæUÀ¼À£ÀÄß ®UÀwÛ¹, ªÀgÀ¢AiÀÄ£ÀÄß ¥Áæ¢üPÁgÀzÀ ªÀQîjUÉ ¸À°è¸ÀĪÀAvÉ PÀqÀvÀªÀ£ÀÄß PÁ£ÀÆ£ÀÄ «¨sÁUÀPÉÌ ¸À°è¸À®Ä ªÀÄAr¹zÉ. ¸À»/- ¥ÀgÀ±ÀÄgÁªÀÄ¥Àà ©.ºÉZï. ¸ÀºÁAiÀÄPÀ C©üAiÀÄAvÀgÀgÀÄ, ¨ÉA.C.¥Áæ. ¸À»/- ZÀAzÉæÃUËqÀ, ºÉZï. ¹. ¸ÀºÁAiÀÄPÀ PÁAiÀÄð¥Á®PÀ C©üAiÀÄAvÀgÀgÀÄ £ÀA. 01, (AiÉÆÃd£Á) zÀQët G¥À «¨sÁUÀ, ¨ÉA.C.¥Áæ. ¨ÉAUÀ¼ÀÆgÀÄ - 560 070. PÁAiÀÄð¥Á®PÀ C©üAiÀÄAvÀgÀgÀÄ(zÀ) 12. As could be seen from the above Note, the Engineers of the BDA have admitted that a private layout has been formed in survey No.118/1 and also in survey - 15 - NC: 2025:KHC:8583 WP No. 16015 of 2013 No.122/1. It is also admitted by them that structures have been constructed and same are enclosed with a compound wall. It is also forthcoming that an apartment complex and houses have been formed in survey Nos.121/1 and 122/1. 13. It is therefore clear that this Note which is prepared in July 2024 categorically admits that the petitioners have put up structures and have enclosed them with a compound wall. This would also therefore clearly indicate that the BDA has not taken possession of the land bearing survey No.122/1. 14. If there are structures enclosed with the compound wall, as per the note of the engineers, it is clear that a private layout had indeed been formed by the IMA Society and had also allotted the same to its members. If the BDA had deleted three survey numbers in respect of which IMA Society had formed a layout, the BDA would not be justified in stating that it can acquire the adjoining survey number in - 16 - NC: 2025:KHC:8583 WP No. 16015 of 2013 which a layout has also been formed by the IMA society. 15. The Bangalore Development Authority Act, 1976 (for short, ‘the BDA Act’) was amended in the year 2020, by which Section 38D was inserted. Section 38D reads as follows: 1[38D. Allotment of Bangalore Development Authority Land in favour of original owner or purchaser or unauthorized occupant etc.- (1) Notwithstanding anything contained in this Act or in any other law or any development scheme made under this Act, but without prejudice to section 38-C where the Authority after holding such enquiry as it deems fit, is of the opinion that any land vested in, or acquired by it cannot be used by it on account of existing building thereon and it is not practicable to include such land for the purpose of development scheme or formation of sites, the Authority may, subject to such rules after holding such enquiry as may be prescribed, allot such - 17 - NC: 2025:KHC:8583 WP No. 16015 of 2013 land by sale in favour of the original owner of the land or purchaser from its original owner or any other person in unauthorized occupation of the land for some reason or other who has put up the building on the land and is in settled possession of such land but does not include a tenant, licencee or permissive user subject to the conditions that,- (i) the building was in existence on such land and in settled possession for not less than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020; (ii) the allotee makes payment towards the allotment of land at rates specified in the table below,- Sl. No. Extent of Land with building, other than corner site Amount to be levied and collected 1 Up to 20'X30' Ten percent of the Guidance value 2 More than 20'X30' and upto 30'X40' Twenty five percent of the Guidance value 3 More than 30'X40' up to 40'X60' Forty percent of the Guidance value 4 More than 40'X60' and upto 50'X80' Fifty percent of the Guidance value and penalty as may be prescribed - 18 - NC: 2025:KHC:8583 WP No. 16015 of 2013 Provided that, in respect of corner site with building twice the rate specified above. (iii) total extent of land allotted to any person under this sub-section shall not exceed 4000 square feet and no other member of his family shall be entitled to apply for or seek benefit of allotment of any other land on any ground whatsoever; (iv) such original possessor of the land, purchaser from its original possessor or the person who is in unauthorized occupation of the land for one reason or other and is in possession of such land with building for more than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020 seeking an allotment makes an application to the Authority containing such particulars, within such time and along with such fee as may be prescribed and also produces copy of any of the following supporting documents to establish his settled possession and construction of Building thereon like sale deed, approved plan and - 19 - NC: 2025:KHC:8583 WP No. 16015 of 2013 permission for construction of building, order for permanent supply of electricity, sanction for connection of supply of water and underground drainage for such building, property tax receipt given or issued by the competent authority for being paid the tax for such building or any such other document to establish his settled possession and construction of any building as may be prescribed: Provided that no such land shall be allotted if,- (a) it is reserved for parks, playground, open space or for providing civic amenities; (b) it affects alignment of any road or proposed ring road, National Highways, by-pass road or mass rapid transit system (rail) projects; (c) it is abutting to or upon a storm water drain, tank bed area, river course or beds or below high tension electric lines; and (d) the possession for more than twelve years is litigious or interrupted possession by virtue of interim order of court. - 20 - NC: 2025:KHC:8583 WP No. 16015 of 2013 Explanation: for the purpose of this section,- (a) “guidance value” means estimated market value published under the Karnataka Stamp Act, 1957 prevailing on the date of allotment; (b) “land” means site with building; (c) “original owner of the land” means a person who was occupant of the land immediately before publication of development scheme which contained proposal for acquisition of such land; and (d) “settled possession” means in possession of land with permanent building, without any litigious or interrupted possession but does not include a tenant, licencee or permissive user. (2) The jurisdictional officer who is proved to have failed to prevent unauthorised occupation or construction that have taken place in his jurisdiction from the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020 shall be liable for such punishment as may be prescribed. (3) The Bangalore Development Authority shall take up an action plan to evict the unauthorized occupants in Bangalore Development Authority Lands and who - 21 - NC: 2025:KHC:8583 WP No. 16015 of 2013 are not eligible for allotment of site under this section on the date of commencement of the Bangalore Development Authority (Amendment) Act, 2020, within two years from the date of commencement of the Amendment Act.]1 1. Inserted by Act 27 of 2020 w.e.f. 10.07.2020. 16. As could be seen from the above, even in respect of any land which is vested in the BDA, if the said land cannot be used on account of existing building thereon, or it is not practicable to include such land for the purpose of development scheme or formation of sites, the authority, after holding an inquiry, allot the said land by way of a sale not only in favor of the original owners but also to the purchasers or any other person who is in occupation of the land for any reason whatsoever. 17. The fundamental requirement of this provision is that the person should be in settled possession of the land which has been acquired by the BDA and the - 22 - NC: 2025:KHC:8583 WP No. 16015 of 2013 settled possession should have been at least 12 years prior to the commencement of Section 38D. 18. As already noticed above, the BDA has admitted that the petitioners have put up the structures and enclosed the same by a compound wall. It is also admitted that the BDA had deleted the neighbouring lands in which the very same Society had formed a private layout and thereby accepted the fact that a private layout was indeed formed by the IMA Society. 19. The lands in question were notified in the year 2001 and the sale deeds that are produced by the petitioners would indicate that they had purchased the lands in the year 1995 and onwards i.e., six years prior to the notifications. The Note (supra) by the Engineers also established that right up to the year 2024, the petitioners have been in settled possession. - 23 - NC: 2025:KHC:8583 WP No. 16015 of 2013 20. Since Section 38D of the BDA Act states that if a person is in settled possession for a period of 12 years prior to 2020, it will have to be seen whether the petitioners were in possession from 2008 onwards. 21. As could be seen from the sale deeds, the petitioners have purchased the properties under the registered sale deeds prior to the issuance of notifications; though some of them have purchased after the notifications, the fact remains that from the year 2008, the petitioners are in settled possession and it is established by the Note (which is extracted supra). It is therefore clear that the case of the petitioners would fall squarely within the purview of Section 38D of the BDA Act. 22. Having regard to the fact that the abutting three survey numbers, in which a layout has been formed by the IMA Society, have been deleted and taking into consideration Section 38D of the BDA Act - 24 - NC: 2025:KHC:8583 WP No. 16015 of 2013 provides for sale of the lands, which are vested in the BDA but which are in settled possession by any other person, it would be appropriate to direct the BDA to allot the sites in question to the petitioners by executing sale deeds as provided under Section 38D of the BDA Act. 23. The petitioners shall be liable to pay the amounts that have been fixed under Section 38D of the BDA Act and the Rules framed thereunder. 24. Since the petitioners have been litigating the matter right from the year 2013 and since it has been clearly established by virtue of the Note of the Engineers that they have put up structures on the sites that they have purchased, no further inquiry would be necessary for the purpose of making allotment of sites by way of sale to the petitioners and the BDA shall therefore convey the properties to the petitioners as provided under Section 38D of the - 25 - NC: 2025:KHC:8583 WP No. 16015 of 2013 BDA Act within a period of three months from the date of receipt of a copy of this order. 25. The writ petition is accordingly allowed. 26. In view of the disposal of the writ petition, all pending interlocutory applications, if any shall stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK CT: SN List No.: 1 Sl No.: 79