- 1 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 29798 OF 2025 (LA-BDA) BETWEEN: SMT. VALLI A W/O ARJUNAN AGED ABOUT 38 YEARS RESIDING NO.376, 2ND STAGE JANASHRI NAGAR, MANGANAHALLI KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU 560091. …PETITIONER (BY SRI. VARUN JOSHI., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, BENGALURU 560001. 2. M/S. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020 REP BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020. …RESPONDENTS (BY SRI.HARISHA A S, AGA FOR R1: SRI VASANTH, ADVOCATE FOR R2 & R3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 DATED 03.09.2025 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri Vasanth, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. Petitioner is before this Court seeking for the following reliefs: “a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction and direct the Respondents to consider the Representation submitted by the Petitioner to the - 3 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 Respondent No.2 dated 03.09.2025 at ANNEXURE - A. or in the alternative: b. Declare that the entire Acquisition Proceedings in respect of the Schedule 'B' Property 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 Respondent No.2 and the Final Notification dated 18.02.2010 bearing No.UDD 51 MNX 2010, gazette dated 18.02.2010 issued by Respondent No.1 at ANNEXURE-L & M; 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 Petitioner over Schedule Property; d. Grant such other reliefs in the interest of Justice and Equity. " - 4 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 4. The case of the petitioner is that she is the absolute owner of the residential house bearing Katha (new) No.2418/08/376, PID No.150200200300820283, House No.376 formed in Janashri Nagar Layout, carved out of land bearing Sy.No.8, Assessment No.8, Old Khata No.8, subsequently assigned New No.2148, situated at Manganahalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk. 5. Learned counsel appearing for both sides submit that the issue involved in this writ petition is squarely covered by the decision of the Division Bench of this Court in the case of BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS. SRI.R.SHANKARAN & ANOTHER1 and that similar directions may be issued in this case as well. 6. Learned counsel for the petitioner further submits that several writ petitions involving identical questions have been disposed of following the aforesaid Division 1 W.A.No.1783/2014 and connected cases D.D.22.02.2024 - 5 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 Bench judgment and that appropriate directions have been issued to the respondents-BDA to consider such representations. 7. The submission is recorded. 8. The Co-ordinate Bench of this Court in the case of SMT.YELLAMANCHELE VIDHULATHA DEVI AND OTHERS VS. STATE OF KARNATAKA AND OTHERS2 (supra) while following the aforesaid Division Bench judgment in ‘SRI.R.SHANKARAN’ (supra) has held at paragraph Nos.4 and 5 as follows : “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 1) The above appeals filed by the BDA are allowed; 2 W.P.No.24754/2025 D.D.16.09.2025 - 6 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 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 - 7 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 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; - 8 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 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 the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority - 9 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 (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. - 10 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 No costs." 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.” 9. In view of the settled position of law laid down by the Division Bench in ‘SRI.R.SHANKARAN’ (supra) followed by the Co-ordinate Bench in ‘SMT.YELLAMANCHELE VIDHULATHA DEVI’ (supra), this Court finds no reason to take a different view. Accordingly, this writ petition is disposed of in terms of the direction issued in ‘SRI.R.SHANKARAN’ (supra). 10. The respondents-BDA are directed to consider the representation submitted by the petitioner at Annexure-A dated 03.09.2025, as per the directions issued in the case - 11 - HC-KAR NC: 2025:KHC:39841 WP No. 29798 of 2025 of ‘SRI.R.SHANKARAN’ (supra), within the time fixed in the case of ‘SRI.R.SHANKARAN’ (supra). 11. In the meanwhile, the respondents-BDA shall not take any precipitative steps against the petitioner till the representation is duly considered and order is passed in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA HA LIST NO.: 1 SL NO.: 29