- 1 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.29288 OF 2025 (LA-BDA) BETWEEN: 1. SMT. SONIYA MURTHY AGED ABOUT 45 YEARS, W/O. SRI B. KESHAVA MURTHY, NO.24, 1ST ‘B’ MAIN, VIVEKANANDA NAGAR, BSK 3RD STAGE, BENGALURU-560 085. 2. SMT. SHARADHA AGED ABOUT 63 YEARS, NO.24, ‘SARASWATHI NILAYA’, II MAIN ROAD, MASJID ROAD, JAYARAMASHETTY LAYOUT, DEVASANDRA, K.R.PURAM, BENGALURU-560 036. 3. SRI M.N. RAGHAVENDRA AGED ABOUT 46 YEARS, S/O. M.S. NARAYAN, NO.154, 3RD MAIN, BANASHANKARI 5TH STAGE, VADDARAPALYA, BENGALURU-560 061. 4. SMT. B.S. SHANTHAKUMARI AGED ABOUT 55 YEARS, W/O. LATE PUTTASWAMACHARI, NO.50, SRI SIDDAPPAJI NILAYA, 6TH CROSS, 3RD MAIN, BEHIND SPM SCHOOL, MARIYAPPANAPALYA, BENGALURU-560 056. 5. SRI DIWAKAR .R AGED ABOUT 47 YEARS, C/O. RAMAKRISHNA, HOUSE NO.407, 4TH CROSS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 5TH MAIN ROAD, RAMANJANEYA MAIN ROAD, OPP. MAHARAJA TEXTILES, SRINAGAR, BANASHANKARI 1ST STAGE, 1ST BLOCK, BENGALURU-560050. 6. SRI E. RAJESH AGED ABOUT 51 YEARS, S/O. M.L. ESHWAR, NO.33, 2ND FLOOR, 3RD CROSS, COLURPALYA, MAGADI ROAD, BENGALURU-560 023. 7. SRI E. KRISHNA AGED ABOUT 55 YEARS, S/O. M.L. ESHWAR, NO.33, 2ND FLOOR, 3RD CROSS, COLURPALYA, MAGADI ROAD, BENGALURU-560 023. 8. SRI V.N. GANGADHARSA AGED ABOUT 70 YEARS, NO.40, VR GANGA NILAYA, 9TH ‘A’ CROSS, 2ND MAIN, BYRAVESWARA NAGAR, NAGARBHAVI MAIN ROAD, BENGALURU-560 072. 9. SRI V.S. PRABHAKARA AGED ABOUT 64 YEARS, S / O LATE V.N. SHESHAPPA, NO.8, 905/A, 16TH MAIN ROAD, 2ND CROSS, HONGASANDRA, MICO LAYOUT, BENGALURU-560 068. 10. SRI RAMAKRISHNA B.M., AGED ABOUT 46 YEARS, S/O. SRI MASEGOWDA, NO.211, GANGANAGAR, HOSABYROHALLI, SOOLIKERE POST, KENGERI HOBLI, BENGALURU-560 060. 11. SMT. JAYAMMA, AGED ABOUT 61 YEARS, W/O. SRI NAGARAJU, NO.25/5/7, 25TH CROSS ROAD, - 3 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 BHUVANESHWARI NAGARA, MAGADI ROAD, BENGALURU-560 023. …PETITIONERS (BY SRI A. ABHINAV RAMANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020. 3. THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI P. VASANTHA, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONERS, THE ACKNOWLEDGMENTS OF WHICH ARE PRODUCED AS PER ANNEXURE-D DATED 03.04.2024, ANNEXURE D-1 DATED 20.04.2024, ANNEXURE D-2 DATED 30.03.2024, ANNEXURE D-4 ANNEXURE D-3 DATED 05.04.2024 DATED 05.04.2024, ANNEXURE D-5 DATED 04.04.2024, ANNEXURE D-6 DATED 04.04.2024, ANNEXURE D-7 DATED 03.04.2024, ANNEXURE D-8 DATED 06.05.2024, ANNEXURE D-9 DATED 03.05.2024, ANNEXURE D-10 DATED 20.05.2024 TO THE PRESENT WRIT PETITION AND THEREBY, DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATE SITE IN FAVOUR OF EACH OF THE PETITIONERS AT ‘NADAPRABHU KEMPEGOWDA LAYOUT’ PURSUANT TO THE PUBLIC NOTICE ISSUED IN THE KANNADA DAILY NEWSPAPER – PRAJAVANI DATED 16.03.2024 AT ANNEXURE-C TO THE WRIT PETITION AND ETC. - 4 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are before this Court seeking for the following reliefs: “a. A writ in the nature of mandamus directing the Respondents to consider the applications of the Petitioners, the acknowledgments of which are produced as per Annexure-‘D’ dated 03.04.2024, Annexure ‘D-1’ dated 20.04.2024, Annexure ‘D- 2’ dated 30.03.2024, Annexure ‘D-3’ dated 05.04.2024, Annexure ‘D-4’ dated 05.04.2024, Annexure ‘D-5’ dated 04.04.2024, Annexure ‘D- 6’ dated 04.04.2024, Annexure ‘D-7’ dated 03.04.2024, Annexure ‘D-8’ dated 06.05.2024, Annexure ‘D-9’ dated 03.05.2024, Annexure ‘D- 10’ dated 20.05.2024 to the present Writ petition and thereby, direct the Respondents to allot an alternate Site in favour of each of the Petitioners at ‘Nadaprabhu Kempegowda Layout’ pursuant to the public notice issued in the kannada daily newspaper- Prajavani dated 16.03.2024 at Annexure-C to the Writ Petition b. Grant costs; - 5 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 c. Grant such other relief/s as this Hon’ble Court deems fit to grant in the circumstances of the case and in the interest of justice and equity." 2. The case of the petitioners is that Sri Anjinappa, Sri R.V. Srinivas, Sri M. Kariyappa, and Sri Ramakrishna were the absolute owners of land comprised in Sy.No.46 of Kommaghatta Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru, measuring an extent of 19 acres 27 guntas. The said landowners formed a layout under the name and style of “Sri Vigneshwara Layout,” consisting of various revenue sites measuring 30x40 feet and 60x40 feet. The petitioners purchased different sites in the aforesaid Sri Vigneshwara Layout during the years 2003– 2006. Pursuant to the execution of the sale deeds, the petitioners were put in possession of their respective sites. The revenue entries in respect of the sites so purchased were mutated in their names, and they have been regularly paying property taxes. - 6 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 3. 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 (Sri.R.Shankaran) and that similar directions may be issued in this case as well. 4. Learned counsel for the petitioners further submits that several writ petitions involving identical questions have been disposed of following the aforesaid Division Bench judgment and that appropriate directions have been issued to the respondents-BDA to consider such representations. 5. The submission is recorded. 6. The Co-ordinate Bench of this Court in the case of Smt.Yellamanchele Vidhulatha Devi And Others Vs. 1 W.A.No.1783/2014 and connected cases D.D.22.02.2024 - 7 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 State of Karnataka And Others2 (Smt.Yellamanchele Vidhulatha Devi) 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; 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- 2 W.P.No.24754/2025 D.D.16.09.2025 - 8 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 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 - 9 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 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; - 10 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 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 - 11 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 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." 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.” - 12 - HC-KAR NC: 2025:KHC:46331 WP No. 29288 of 2025 7. 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). 8. The respondents-BDA are directed to consider the representations submitted by the petitioners at Annexures-D to D10, within three months from the date of receipt of the certified copy of this order. 9. In the meanwhile, the respondents-BDA shall not take any precipitative steps against the petitioners till the representations are duly considered and order is passed in accordance with law. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT / List No.: 1 Sl No.: 12