- 1 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27342 OF 2025 (LA-BDA) BETWEEN: 1. SMT. CHANDRAMMA W/O SHIVANANDA B., AGED ABOUT 35 YEARS, SITE NO. 09, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 2. SRI. HARISHA. M S/O. MUNISWAMY, AGED ABOUT 34 YEARS SITE NO. 14, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU - 560 091. 3. SMT. SHEELA. B W/O. RAJANNA SARVESHA MURTHY, AGED ABOUT 46 YEARS, SITE NO. 15 AND 16, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 4. SRI. KISHOR GOWDA S. C. S/O CHINNAPPA S. M., AGED ABOUT 37 YEARS, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 SITE NO. 21, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 5. SMT. ANUSHA L. W/O RAVI KUMARA C., AGED ABOUT 29 YEARS, SITE NO. 24, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 6. SRI. PUNITHA. K S/O. LATE. KRISHNA, AGED ABOUT 31 YEARS, SITE NO. 36 AND 37, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU-560091. 7. SMT. KRUTHIKA. K W/O. PUNITHA. K AGED ABOUT 22 YEARS SITE NO. 36 AND 37. KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU-560091. 8. SRI. D. P. SHAMBULINGA S/O LATE. PUTTALINGAIAH, AGED ABOUT 35 YEARS, SITE NO. 38, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. - 3 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 9. SRI. NAGARAJ C. S/O CHIKKAGANGAIAH, AGED ABOUT 40 YEARS, SITE NO. 41, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 10. SMT. SHEELA R. W/O SARVESHA MURTHY, AGED ABOUT 46 YEARS, SITE NO. 48, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 11. SMT. SHOBHA W/O T. C. SHIVALINGAIAH, AGED ABOUT 39 YEARS, SITE NO. 49, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 12. SMT. DHANALAXMI N. W/O SRINIVAS K., AGED ABOUT 34 YEARS, SITE NO. 107, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 13. SRI. NAGENDRA S. S/O LATE N. SIDDARAJU. AGED ABOUT 39 YEARS, SITE NO. 103, KANNALI, - 4 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU 560 091. 14. SRI. S. RAJESH S/O. LATE N. SIDDARAJU, AGED ABOUT 35 YEARS, SITE NO. 104, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 15. SMT. SHIVARATHNAMMA W/O. GANGACHANNAIAH, AGED ABOUT 41 YEARS SITE NO. 81, KANNALI, VEERABADRASWAMY LAYOUT KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU - 560 091. …PETITIONERS (BY SRI. KESHAV M DATAR., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT, DEPARTMENT OF HOUSING AND 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 - 5 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1, SRI. K. KRISHNA, ADV. FOR R2 & R3.) THIS WRIT PETITION 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 21/05/2008 BEARING NO. BDA/COMMR/DC(LA)/ALAO/158/2008-09 ISSUED BY THE R2 THE FINAL NOTIFICATION DATED 18/02/2010 BEARING NO. UDD 51 MNX 2010, GAZETTE DATED 18/02/2010 VIDE ANNX-E AND F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. Heard Sri.Keshav M. Datar, learned counsel appearing for the petitioners, learned H.C.G.P. for respondent No.1 and Sri.K.Krishna, learned counsel for respondents No.2 and 3. - 6 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 2. The subject acquisition that is called in question pertains to ‘Nadaprabhu Kempegowda Layout’. The Division Bench while considering the challenge to the said acquisition has upheld the acquisition by issuing certain directions in W.A.No.1783/20141 and connected matters dated 22.02.2024. The directions so issued are 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 1 Bangalore Development Authority & Another vs. Sri.R.Shankaran & Another - 7 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 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 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; - 8 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 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; 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; - 9 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 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. - 10 - HC-KAR NC: 2025:KHC:37834 WP No. 27342 of 2025 v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of. No costs.” 3. In the light of the directions, the petitioners are also reserved liberty to submit representations to Bangalore Development Authority (‘BDA’) and the BDA shall consider the same, as is directed by the Division Bench, within the time frame fixed by the Division Bench which would run from the date of receipt of a copy of this order. 4. With the aforesaid observations, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE MKM List No.: 2 Sl No.: 11