- 1 - HC-KAR NC: 2025:KHC:45268 WP No. 18755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.18755 OF 2025 (LA-BDA) BETWEEN: SRI BASAVARAJA .R S/O LATE P. RAJANNA, AGED ABOUT 42 YEARS, R/AT NO.147/A BHUVANESHWARINAGARA, 2ND STAGE, JNANABHARATHI POST, BENGALURU-560056. …PETITIONER (BY SRI VASANTH KUMAR H.T., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN AND DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. REPTD. BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. 4. THE EXECUTIVE ENGINEER NO.1, SUB-DIVISION WEST 2ND FLOOR, METRO PILLAR NO.594, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45268 WP No. 18755 of 2025 BENGALURU-MYSURU ROAD BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-560020. 5. THE TOWN AND PLANNING AUTHORITY, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP FOR R-1; SRI AJAY KUMAR, ADVOCATE FOR R-2 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO COLLECT THE BETTERMENT CHARGES TO THE PETITIONER’S SITE BEARING NO.1, MEASURING 720 SQ. FT. AS PER SECTION 38D OF BDA ACT, 1976; DIRECT THE RESPONDENT TO DELETE THE PETITIONER’S SITE FROM THE ACQUISITION AND NOT TO IN-CORPORATE ANY SITE ON THE PETITIONER’S SITE BEARING NO.1, MEASURING 720 SQ. FT. AND NOT TO ALLOT TO ANYBODY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following reliefs : a) Issue a Writ of mandamus directing the Respondent to collect the betterment charges to the Petitioner’s site bearing No.1 measuring 720 square feet as per Section 38D of the BDA Act, 1976. - 3 - HC-KAR NC: 2025:KHC:45268 WP No. 18755 of 2025 b) Issue a Writ of mandamus directing the Respondent to delete the Petitioner’s site from the acquisition and not to in-corporate any site on the Petitioner’s site bearing No.1, measuring 720 square feet and not to allot to anybody. c) Pass any order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent Nos. 2 to 5. 3. Learned counsel for respondents 2 to 5 submits that the petitioner has not made any application as contemplated under Section 38D of the BDA Act. 4. Learned counsel for the petitioner fairly submits that such an application as contemplated under Section 38D of the BDA Act has not been filed by the petitioner. 5. Without adverting to the merits and demerits of this case, the petitioner is at liberty to submit an - 4 - HC-KAR NC: 2025:KHC:45268 WP No. 18755 of 2025 appropriate application as contemplated under Section 38D of the BDA Act within a period of two weeks from the date of receipt of the certified copy of this order and on such application being filed, the respondents-authority shall consider the same and pass appropriate orders in accordance with law within (3) three months thereafter. Accordingly, the Writ Petition stands disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 30