- 1 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20563 OF 2025 (LA-BDA) BETWEEN: 1. SRI B S SURESH S/O SWAMYGOWDA, AGED ABOUT 41 YEARS, RESIDING AT NO. 1070, VIRABHADRASWAMY BADAVANE, MANGANAHALLI, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU 560 091 2. SRI. KARTHIKA KUMAR S/O RAMACHANDRA H B, AGED ABOUT 25 YEARS, RESIDING AT NO. 1058, VIRABHADRASWAMY BADAVANE, MANGANAHALLI, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU 560 091 3. SMT. NAGARATNA K W/O KRISHNAMURTHY, AGED ABOUT 48 YEARS, RESIDING AT NO. 1083 AND 1061-A VIRABHADRASWAMY BADAVANE, KANNALLI, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU 560 091 …PETITIONERS (BY SRI. VARUN JOSHI, ADVOCATE) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M S BUILDING, BENGALURU 560 001, REPRESENTED BY ITS SECRETARY. 2. M/S BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020 REPRESENTED BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020 …RESPONDENTS (BY SMT.RASHMI M.RAO, HCGP FOR R1 SRI.VASANTH, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ENTIRE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE B PROPERTIES IS ABANDONED / LAPSED IN VIEW SECTION 27 OF THE BDA ACT, 1976 WITH RESPECT TO THE PRELIMINARY NOTIFICATION DATED BEARING 21.05.2008 BDA/COMMR/DC(LA)/ALAO/158/2008-09 ISSUED BY NO THE RESPONDENT NO. 2 THE FINAL NOTIFICATION DATED 18.02.2010 BEARING NO. UDD 51 MNX 2010, GAZETTE DATED 18.02.2010 VIDE ANNEXURE-E AND FB. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction and direct the Respondents to consider the Representations submitted by the Petitioners to the Respondent No.2 dated 10.06.2025 at ANNEXURE-A. or in the alternative: b. Declare that the entire Acquisition Proceedings in respect of the Schedule 'B' Properties is abandoned/lapsed in view Section 27 of the BDA Act, 1976 with respect to the Preliminary Notification dated 21.05.2008 bearing No.BDA/COMMR/Deputy Commissioner(LA)/ ALAO/158/2008-09 issued by the Respondent No.2 the Final Notificaiton dated 18.02.2010 bearing No.UDD 51 MNX 2010, gazette dated 18.02.2010 at ANNEXURE-E & F issued by respondent No.1. c. Issue a Writ in the nature of Prohibition prohibiting the Respondents or their agents, servants, henchmen or any one claiming under them or acting under them, from interfering with the ownership and possession of the Petitioners over Schedule Property; d. Grant such other reliefs in the interest of Justice and Equity." - 4 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 2. Heard Sri Varun Joshi, learned counsel for the petitioners and Smt.Rashmi M.Rao, learned High Court Government Pleader for respondent No.1 and Sri Vasanth, learned counsel for respondent Nos.2 and 3. 3. Learned counsel for the petitioners submits that an identical prayer is considered by a Co-ordinate Bench of this Court in W.P.NO.30147/2024, disposed on 21.01.2023, wherein certain directions are issued. The order reads as follows: "3. Sri. Gowthamdev C. Ullal, learned counsel for the respondent-BDA refers 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 at paragraph Nos. b) and c) of the operative portion of the order has issued the following directions: ''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 - 5 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 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 - 6 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 manner as contemplated in para (iii)(b) hereinabove.'' 4. Sri. Vigneshwara. U, learned counsel for the petitioners does not dispute the same. He however submits that liberty be reserved to the petitioners 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. 5. Submissions taken on record. 6. Petition is disposed of reserving liberty to the petitioners to file necessary application seek remedy as provided and reserved by the Division Bench of this Court in the aforesaid order within an outer limit of 30 days from the date of receipt of certified copy of this order. 7. The respondent-BDA shall consider the application of the petitioners individually and on petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. 8. In the meanwhile respondent-BDA shall not take any precipitate action against the petitioners until determination of the representation as directed above." 4. Sri Vasanth, learned counsel for respondent Nos.2 and 3 would not dispute the position of law, the identical - 7 - HC-KAR NC: 2025:KHC:30234 WP No. 20563 of 2025 circumstance and afore-quoted judgment rendered by the Co- ordinate Bench of this Court. 5. In that light, the BDA shall take a decision on the representation submitted by the petitioners in terms of the order passed by the Co-ordinate Bench (supra) and pass necessary orders thereon, in accordance with law and communicate the orders so passed within twelve weeks. 6. With the aforesaid direction, writ petition stands disposed. Till the consideration of representation happens at the hands of the BDA, no precipitative action shall be taken against the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VM List No.: 1 Sl No.: 31