- 1 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.21695/2025 (LA-BDA) BETWEEN: 1. SMT. KAMALAMMA AGED ABOUT 67 YEARS W/O LATE VENKATARASAPPA R/AT MANGANAHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU-560060. 2. SMT. JINNU BAI NAGARAJU AGED ABOUT 49 YEARS W/O M. NAGARAJU D/O LATE VENKATARASAPPA R/AT NO.1, MANGANAHALLI VILLAGE BENGALURU- 560060. 3. SMT. NAGAMANI M.V. AGED ABOUT 46 YEARS W/O M. RAJANNA R/AT NO.77, 4TH BLOCK SIR M.V. LAYOUT, ULLALU BASTI ULLALU UPANAGARA BENGALURU- 560056. 4. SRI. MANJUNATH M.V. AGED ABOUT 44 YEARS S/O LATE VENKATARASAPPA R/AT NO.5, SRINIDHI NILAYA MANGANAHALLI VILLAGE YESHWANTHAPURA HOBLI BENGALURU- 560060. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 5. SRI. KUMAR .V AGED ABOUT 40 YEARS S/O LATE VENKATARASAPPA R/AT NO.70, MANGANAHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU-560060. …PETITIONERS (BY SRI. S. SRIRANGA, SR. COUNSEL FOR SRI. KOUSHIK GOWDA S, ADV.,) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA, BANGALORE 560001 REPRESENTED BY ITS SECRETARY. 2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE REPRESENTED BY ITS COMMISSIONER. 3. THE LAND ACQUISITION OFFICER OF BANGALORE DEVELOPMENT AUTHORITY T. CHOWDALAH ROAD, BANGALORE 560020. …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1 SRI. AJAY KUMAR, ADV., FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 20.05.2024 FOR DROPPING OF ACQUISITION PROCEEDINGS AS PER ANNX-A & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "Issue a writ of mandamus directing the Respondents to consider the representation dated 20.05.2024 for dropping of acquisition proceedings as per Annexure-A" 2. Heard Sri.S.Sriranga, learned Senior counsel appearing for Sri.Koushik Gowda S., learned counsel for the petitioners and Sri.M.Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri.Ajay Kumar, learned counsel for the respondent Nos.2 & 3. 3. This Court, owing to the submission so made on 19.08.2025, had passed the following order: "Sri Ajay Kumar, learned counsel for respondent Nos.2 and 3 submits that the issue in the lis stands completely answered by the judgment rendered by the division bench concerning Nada Prabhu Kempegowda Layout in W.A.No.1783/2014 and connected matters, disposed on 22.02.2024, in which the division bench while rejecting - 4 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 the plea of challenge to the acquisition issued certain directions. The directions 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 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 - 5 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 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; 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 - 6 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 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.” Learned counsel for respondent Nos.2 and 3 would now place a memo along with documents on record to contend that a consent award was passed after its approval and the award notice under Section 12(2) of the Land Acquisition Act is also issued to the petitioners. The case of the petitioners is as pleaded in the petition, is that, challenging the order passed in W.P.No.40958/2012, writ appeal is filed in W.A.No.2032/2014. A perusal at the judgment of the division bench would indicate that W.A.No.2032/2014 - 7 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 would also form a part of it. The division bench disposed those appeals along with all the connected cases including W.A.No.2032/2014, wherein rendered the afore-quoted directions. Therefore, not only this Court, but the petitioners also would be bound by the decision rendered by the division bench in which the afore-quoted directions are issued. Learned counsel for the petitioners seeks a week's time to go through the documents appended to the memo and make submissions. List the matter on 29.08.2025, as a last chance. Interim protection granted earlier, subject to the aforesaid observations, shall continue till the next date of hearing." 4. The result of the said order is an application now sought to be preferred before this Court seeking quashment of a consent given by the father of the petitioners. 5. Sri.Ajay Kumar, learned counsel appearing for the respondent Nos.2 & 3 submits that what the - 8 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 petitioners are entitled to, is only the benefit granted by the Division Bench in all identical circumstances, more so, in the light of the fact that these petitioners were the respondents before the appeal proceedings. The Division Bench has disposed W.A.No.1783/2014 along with connected appeals by the following order: "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): - 9 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 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; iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision; - 10 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 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; iii) In case the applicants/writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for - 11 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 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." - 12 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 6. Learned Senior Counsel for the petitioners now submits that the 'Bangalore Development Authority' (for short, 'BDA') be directed to consider the representation of the petitioners. The representation is dated 20.05.2024, which is appended to the petition. The judgment of the Division Bench is dated 22.02.2024, which is earlier to the representation so submitted. Therefore, the BDA is obliged to consider the representation of all those persons who were parties to the writ appeal so disposed on 22.02.2024. In that light, I deem it appropriate to dispose the subject petition directing the BDA to consider the representation appended to the petition and pass necessary orders in accordance with law, bearing in mind the observations made by the Division Bench in the judgment in W.A.No.1783/2014 and connected matters, in an outer limit of twelve (12) weeks from the date of receipt of the copy of the order. 7. The petitioners are at liberty to submit a fresh representation, if the need so arises. The BDA shall - 13 - HC-KAR NC: 2025:KHC:34103 W.P. No.21695/2025 consider the same also in accordance with law in the event it is submitted by the petitioners. 8. All contentions of the petitioners and the defence of the respondents shall remain open. 9. In the light of the direction of the Division Bench, till the representation of the petitioners is considered and appropriate order is passed in accordance with law, no coercive steps be taken by the BDA qua the property of the petitioners. 10. With the above directions, writ petition stands disposed. 11. In the light of the aforesaid order, the pending applications, if any, will not survive for consideration. Sd/- (M.NAGAPRASANNA) JUDGE BSR List No.: 2 Sl No.: 25