- 1 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24754 OF 2025 (LA-BDA) BETWEEN: 1. SMT. YELLAMANCHELE VIDHULATHA DEVI W/O Y.LAKSHMI NARAYANA SAI KUMAR AGED ABOUT 33 YEARS R/A 47/1, 6TH MAIN, 4TH CROSS MALLATHALLI NEAR SURYA DEPARTMENTAL STORE BENGALURU – 560 056. 2. PUSHPALATHA W/O BALARAJ AGED ABOUT 47 YEARS R/AT 27, 2ND CROSS J.P.NAGAR, 7TH PHASE 8TH MAIN, PUTTENAHALLI BENGALURU – 78. 3. MANJULA W/O MAHADEV AGED ABOUT 42 YEARS R/AT 51, 2ND CROSS GAYATHRI LAYOUT RAMASANDRA SULKERE POST KENGERI POST – 560 060. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 4. UMESH S/O KRISHNAPPA R/AT 57, UDAYA LAYOUT MANAGANAHALLI BENGALURU NORTH – 560 060. 5. BHUVANESHWARI W/O G. BHASKAR AGED ABOUT 58 YEARS, R/AT 367, 1ST CROSS, NEW BINNY LAYOUT, MAGADI LAYOUT – 560 023. 6. G. BHASKAR S/O LATE GANESHAN AGED ABOUT 62 YEARS, R/AT 367, 1ST CROSS, NEW BINNY LAYOUT, MAGADI LAYOUT – 560 023. 7. BIJU RAVIDAS S/O SHAMALI RAVI DAS AGED ABOUT 42 YEARS R/AT 108, 1ST MAIN ROAD, SRIRAMA LAYOUT, MANGANAHALLI – 560 056. 8. KALYANI W/O MAHESH AGED ABOUT 47 YEARS R/AT 406, CHANDRA LAYOUT, ARUNDATHI NAGARA, BENGALURU – 560 039. - 3 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 9. NAGESH S., S/O LATE SIDDAIAH AGED ABOUT 48 YEARS, R/AT 17/1, PARK ROAD, 2ND CROSS TULASI THOTA, BENGALURU – 53. 10. SUDHAKAR S/O LATE NARAYANAPPA AGED ABOUT 46 YEARS, R/AT 384, 4TH CROSS, AZAD NAGAR, OPP. TO CHAMUNDESHWARI TEMPLE GAVIPURAM, BENGALURU – 19. PARVATHAMMA SINCE DEAD BY LR'S 11. LAKSHMI NARAYANAPPA AGED ABOUT 75 YEARS, R/AT 98, MANGANAHALLI, YESHWANTHPUR HOBLI, BENGALURU - NORTH – 56. 12. R.MANJUNATH S/O RAMA KOTI, AGED ABOUT 45 YEARS, R/AT 50, 3RD CROSS, CHIKKALSANDRA SIMHA BADAVANE BENGALURU – 61. 13. D.P.SHAMBULINGA S/O DIVANGATHA PUTTALINGAIAH AGED ABOUT 30 YEARS - 4 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 R/AT 21, 1ST CROSS, VEERABADRASWAMY BADAVANE, KANNALLI BENGALURU – 91. 14. RAMMANNA S., S/O SEENAPPA AGED ABOUT 70 YEARS, R/ AT 169, 13TH CROSS, GIRINAGARA 3RD PHASE, BENGALURU – 85. 15. AJAY B.R., S/O RAMESH AGED ABOUT 30 YEARS, R/A 53/A, 3RD CROSS, 1ST MAIN ROAD, JANATHA COLONY, BENGALURU – 56. 16. THANUSHREE H., D/O SHRI. S. HANUMANTHA NAIK AGED ABOUT 23 YEARS, R/AT KUDHAPURA LAMBANI HATTI KUDHAPURA, CHITTRADURGA – 577 536. 17. SMT. USHA P., W/O CHANDRASHEKAR P., AGED ABOUT 30 YEARS R/AT 93/83, 35TH MAIN ROAD, NEAR YELLAPPA GARDEN, BANSHANKARI 3RD STAGE, BENGALURU – 85. 18. SMT. SHARADHA W/O B.JAYRAM - 5 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 AGED ABOUT 42 YEARS, R/AT 106, 4TH MAIN ROAD, CHAMARAJAPETE, BENGALURU – 18. 19. SMT.ANUSHA S., D/O SHRIDHAR R., AGED ABOUT 21 YEARS R/AT K38, T.D LANE, COTTONPETE, BENGALURU – 53. 20. V.KUMAR D/O SRI VAJRA VELU, AGED ABOUT 45 YEARS, R/A NO.26, FLOWER GARDEN, 2ND MAIN ROAD, K.P.AGRAHARA, MAGADI ROAD, BENGALURU – 560 023. …PETITIONERS (BY SRI C.N.ASHWATHANARAYANA, SR.ADVOCATE FOR SRI SUDHINDRA S.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU – 560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 20. - 6 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 3. THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 20. 4. THE ASST. EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 20. 5. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 20. 6. THE SPECIAL TASK FORCE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 20. …RESPONDENTS (BY SRI M.RAJAKUMAR, AGA FOR R-1; SRI M.AJAY KUMAR, ADVOCATE FOR R-2 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) DIRECTING THE 2ND RESPONDENT BDA AUTHORITIES TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONERS VIDE ANNEXURES PIJ, P2H, P3H, P4G, P5H, P6H, P7F, P8B, P9AG, P9BE, P9CE, P9DB, P10C, P11J, P12B, P13B, P14H, P15H, P16F, P17D, P18B, P19F AND P20B; (II) ISSUE A DIRECTION DIRECTING THE 2ND RESPONDENT BDA AUTHORITY TO COLLECT THE BETTERMENT CHARGES FROM THE PETITIONERS IN PURSUANCE OF THE RESOLUTION DATED - 7 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 18.04.2017 PASSED BY THE BDA AUTHORITY AS PER THE JUDGMENT OF THIS HON’BLE COURT IN W.P NO. 32322/2024 AND CONNECTED MATTERS FOLLOWING THE JUDGMENT OF THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A NO. 1783/2014.; THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking a direction to the 2nd respondent/Bangalore Development Authority to consider the representations given by them and also for a direction to collect the betterment charges in pursuance of the resolution dated 18-04-2017 passed by the 2nd respondent/BDA. 2. Heard the learned Senior Counsel Sri C N Ashwathanarayana appearing for petitioners, learned Additional Government Advocate appearing for respondent No.1 and Sri M Ajay Kumar, learned counsel appearing for respondents 2 to 6. - 8 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 3. The learned Senior Counsel for petitioners submits that the petitioners are similarly situate with that of the appellants who were before the Division Bench in W.A.No.1783/2014 and connected cases, disposed on 22-02-2024. 4. The Division Bench in W.A.No.1783/2014 and connected matters, disposed on 22-02-2024 in the case of BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS. SRI.R.SHANKARAN & ANOTHER has held as follows: “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) - 9 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 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 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 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; - 10 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 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 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. v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of. No costs.” - 11 - HC-KAR NC: 2025:KHC:36857 WP No. 24754 of 2025 5. In the light of the afore-quoted directions, I deem it appropriate to direct the BDA to consider the representation of the petitioners already submitted, as is directed by the Division Bench in the judgment quoted supra, within the time frame fixed by the Division Bench, which would run from the date of receipt of a copy of this order. However, till the consideration of the representation, no precipitative action shall be taken against the petitioners. Petition stands disposed accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 56