- 1 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13237 OF 2022 (LA-BDA) BETWEEN: SRI KAMALAKSHA VISHWANATHA VERNEKAR S/O VISHWANATH VERNEKAR AGED ABOUT 68 YEARS, NO. 265, 5TH MAIN ROAD, 1ST PHASE, MANJUNATHANAGARA, RAJAJINAGARA, BENGALURU- 560 010. …PETITIONER (BY SRI. SHREENEVASA K L., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU- 560 001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY SANKEY RAOD, BENGALURU 560 020 3. THE SPECIAL LAND ACQUITION OFFICER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU 560 020 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SMT. POONAM PATIL, ADVOCATE FOR R2 AND R3) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO TAKE DECISION FORTHWITH AS PER THE ENDORSEMENT DT 18.03.2021 AT ANNEXURE-J ISSUED BY R2/CHAIRMAN BDA., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a direction to the respondents to take a decision as per the Endorsement dated 18.03.2021 at Annexure-J issued by respondent No.2 and further direction to the respondents to pay compensation amount to the petitioner for the acquisition of revenue site No.5 formed in Survey No.16/3, Challaghatta Village, Kengeri Hobli, Bengaluru South Taluk. - 3 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 2. The case of the petitioner is that he purchased the property bearing Gramatana Khata No.16/3, site No.5 measuring 30x40 feet of Challaghatta Village, Kengeri Hobli, Bengaluru South Taluk (petition land) through a Registered Sale Deed dated 12.10.2006. The respondents acquired the petition land for the purpose of formation of a layout called "Nadaprabhu Kempegowda Layout" vide a Preliminary Notification issued under Sections 17(1) and (3) of the Bangalore Development Authority Act, 1976 (for short 'BDA Act') dated 21.05.2008, followed by a Final notification dated 18.02.2010. The validity of these notifications was upheld by this Court and confirmed by the Division Bench of this Court in WA.No.1783/2014 and connected matters disposed of on 22.02.2024. The Division Bench of this Court in WA.No.1783/2014, passed the following order: - 4 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 "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 educational institutions; (5) that similar adjoining lands have been either left out from - 5 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 acquisition or denotified, 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 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; - 6 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 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 308 G 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." 3. At the first instance, the petitioner along with other landowners had earlier approached this Court in WP.Nos.35143 to 35168/2011, seeking a direction to consider his representation dated 18.09.2010 and to issue notice and hear the petitioner before passing the award. This Court, by order dated 29.03.2012, disposed of the said writ petitions with liberty to the petitioners to produce - 7 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 records establishing their ownership and seek a reference under Sections 30 and 31 of the Land Acquisition Act, 1894 (for short 'LA Act'). The respondent-BDA were directed to consider the applications accordingly. The BDA through the Land Acquisition Officer, passed an award under Section 12(2) of the LA Act on 21.03.2013, awarding both developed sites and cash compensation for the notified lands in Sy.No.16/3, Challagatta Village. The award provided compensation as under: Particulars In form of Developed Site Sq. ft. In form of Cash ₹ Revenue sites are formed in Sy.No.16/3 of Challaghatta Village. Hence Award is passed for notified land measuring 1 Acre 24½ Guntas for developed sites. Compensation is as follows: a. Developed sites for I Acre 24½ Guntas of dry land 1 @the rate 9583 Sq.ft per acre. 15,453 Sq. ft. - 8 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 Sri P. Nagappa Adiga S/o Late P.L. Adiga is the Khathedaar as per RTC for 1Acre 25½ Guntas of land in Sy.No.16/3 of Challaghatta village. Compensation is a follows; a Cash compensation for 0-32½ Guntas of land @ ₹ 80 (Eighty) lakh per Acre. (Including Solatium, 12% Additional Value Malkies, Wells, Structures etc., as per Para-14 above) b. Developed Sites for 0-33 Guntas of land @ 9,583 Sq.ft. per Acre. 7,906 Sq. ft. ₹ 65,00,000/- Smt. B. Rajeshwari Janardhan Bhatt W/o Late B. Janardhan Bhatt and B. Gagandeep S/o Late B.Janardhan Bhatt (Joint) are the Khathedaars as per RTC for 3 Acres 18,926 Sq. ft. ₹1,04,00,000/- - 9 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 11 Guntas of land in Sy.No.16/3 Challaghatta village. Compensation is as follows; a. Cash compensation for 1 Acre 12 Guntas of land @ ₹80 (Eighty) lakh per Acre. (Including Solatium, 12% Additional Value Malkies, Wells, Structures etc., as per Para-14 above) b. Developed Sites for 1 Acre 39 Guntas of land @ 9,583 Sq.ft. per Acre. Total Award 12,285 Sq. ft. ₹1,69,00,000/- "(Total developed sites in Square Feet is Forty Two Thousand Two Hundred and Eighty Five Sq. ft. only) (Total Rupees One Crore Sixty Nine Lakh Only)" 4. The petitioner again filed WP.Nos.41541-41542/2017 seeking a direction to the - 10 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 respondents to consider his request and disclose the status of compensation of deposit, or alternatively, to pay compensation with interest as per Section 34 of the LA Act. This Court, by order dated 18.03.2019 directed respondent No.2 to consider the petitioner’s request and pass appropriate orders regarding the payment of compensation with accrued interest. 5. As the direction was not complied with, the petitioner filed Contempt Petition in CCC No.120/2020. During the pendency of the said contempt proceedings, the respondents-BDA issued an Endorsement dated 18.03.2021 and the contempt proceedings were dropped after an unconditional apology. The petitioner has now filed this writ petition seeking a direction to respondent Nos.2 and 3 to take a decision as per the said Endorsement dated 18.03.2021 at Annexure J. 6. As per the Endorsement, respondent No.2 has indicated that there is no provision for collective - 11 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 development charges and regularisation of revenue sites acquired under the notification and that about 5000 revenue site holders had made similar representation seeking compensation. It was stated that the BDA- Committee would take decision on the issue intimate the fixed price of the acquired site thereafter. 7. The grievance of the petitioner is that his revenue site was acquired in the year 2008, and even after 14 years no compensation has been paid. Being a senior citizen, the petitioner contends that BDA has failed to take any decision or communicate that price fixed for the revenue sites despite the endorsement. 8. Learned counsel for respondent Nos.2 and 3 submits that the Authority is in the process of addressing the issue, and a decision in this regard will be taken as per Annexure-J. It is further submitted that if time frame is stipulated, the BDA would pass appropriate orders. 9. The said submission is recorded. - 12 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 10. The grievance of the petitioner would stand redressed if specific directions are issued with a time frame for respondent Nos.2 and 3 to take decision. Accordingly, this Court pass the following; ORDER i) The petition is disposed of. ii) Respondent Nos.2 and 3 are directed to take decision in respect of the Endorsement dated 18.03.2021 at Annexure J within a period of four(4) weeks from the date of receipt of a certified copy of this order and pass appropriate orders regarding the award of compensation to the revenue site holders. iii) It is further directed that the petitioner shall place all relevant documents establishing his ownership - 13 - HC-KAR NC: 2025:KHC:42712 WP No. 13237 of 2022 before respondent Nos.2 and 3 within two(2) weeks from the date of receipt of the certified copy of this order and four(4) weeks thereafter, the respondents shall pass appropriate orders in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1