- 1 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.26886 OF 2025 (LA-BDA) BETWEEN: 1. SMT. GIRIJA SRINIVAS W/O LATE R. SRINIVAS AGED ABOUT 55 YEARS, 2. SRI SHASHANK SRINIVAS S/O LATE R. SRINIVAS AGED ABOUT 33 YEARS, 3. SMT. SHASHIKALA SRINIVAS D/O LATE R. SRINIVAS AGED ABOUT 37 YEARS, ALL RESIDING AT N0.8, APPAJJAPPA AGRAHARA, CHAMARAJPET, BENGALURU-560018. …PETITIONERS (BY SRI S. KALYAN BASAVARAJ, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMAR KRUPA BANGALORE-560020. …RESPONDENT (BY SRI K. KRISHNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANGALORE DEVELOPMENT AUTHORITY TO CONSIDER THE REPRESENTATION ANNEXURE-D DATED 21.05.2024 IN THE LIGHT OF THE ADJOINING LANDS ARE DELETED FROM ACQUISITION PROCEEDINGS. Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking a writ of mandamus directing the respondent-Bangalore Development Authority (BDA) to consider their representation dated 21.05.2024 (Annexure-D) in light of the fact that adjoining lands have been deleted from acquisition proceedings. 2. The petitioners claim that they are the absolute owners of the land bearing Sy No. 106 measuring 3 acres 22 guntas, situated at Ramasandra Village, Kengeri Hobli, Bengaluru South Taluk. The land originally belonged to Late R.Srinivas, the husband of petitioner No.1 and father of petitioner Nos. 2 and 3 and after his demise, the petitioners being legal heirs, the revenue entries and katha have been mutated in their favour. The said land was notified for acquisition under the preliminary - 3 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 notification dated 21.05.2008, followed by the final notification dated 18.02.2010 for formation of ‘Nada Prabhu Kempe Gowda Layout’. 3. Heard the learned counsel for the petitioners and the learned counsel for the respondent. 4. Learned counsel for the petitioners submits that similarly situated landowners had challenged the acquisition in W.P 32186 of 2010 and connected matters, which were allowed and the entire acquisition proceedings vide the order dated 11.07.2014 came to be quashed. However, the Division Bench in Writ Appeal 1783 of 2014 and connected matters preferred by BDA set aside the order of the learned single Judge and upheld the acquisition while issuing detailed direction permitting landowners to submit applications for dropping their lands from acquisition and directing the BDA to consider such applications within a time bound period. The operative portion is as under : - 4 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 “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 - 5 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 educational institutions; (5) that similar adjoining lands have 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 - 6 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 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: 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 - 7 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 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. 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. - 8 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of. No costs.” (Emphasis supplied) 5. It is the grievance of the petitioners that, though they have submitted a representation dated 21.05.2024, the BDA has not yet considered or disposed of the same. 6. Learned counsel appearing for the BDA submits that within a time-bound manner, the representation so submitted by the petitioners will be considered in accordance with law. 7. Without expressing any opinion on the merits of the claim of the petitioners, the grievance of the petitioners would stand redressed if necessary directions are issued to the respondent-BDA. Accordingly, this Court pass the following: ORDER (i) The Writ Petition is disposed of. - 9 - HC-KAR NC: 2025:KHC:48704 WP No. 26886 of 2025 (ii) The respondent-BDA is directed to consider the petitioners’ representation dated 21.05.2024 (Annexure-E) in light of the direction issued by the Division Bench of this Court in W.A. 1783 of 2014 and connected matters, and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of the certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 55