- 1 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.20171 OF 2023 (LA-BDA) BETWEEN: R. NANJUNDAIAH S/O RUDRAIAH, AGED ABOUT 80 YEARS, RESIDING AT NO.224, 2ND G MAIN, 11TH BLOCK, NAGARABHAVI II STAGE, BENGALURU-560072. REPRESENTED BY HIS GPA HOLDER K. KRISHNA, S/O LATE K.S. RAMACHANDRA RAO, AGED ABOUT 60 YEARS, RESIDING AT NO.63/2, ANANDA NILAYA, 6TH CROSS, SARAKKI MAIN ROAD, J.P. NAGAR, I PHASE, BENGALURU-560078. …PETITIONER (BY SRI MANJUNATHA H.A., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 KUMARA PARK WEST, BENGALURU-560020. 3. THE ADDITIONAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED NOTIFICATIONS; QUASHING THE PRELIMINARY NOTIFICATION ANNEXURE-A DATED 21.05.2008 MADE IN NO.BDA/ COMMISSIONER/DC(LA)/ALAO/158/2008-2009, PUBLISHED IN THE KARNATAKA GAZETTE DATED 22.05.2008 ISSUED UNDER SECTION 17 (1) & (3) OF THE BDA ACT AND THE FINAL NOTIFICATION ISSUED UNDER SECTION 19(1) OF THE BDA ACT ANNEXURE-B DATED 18.02.2010 MADE IN NO.UDD 51 MNX 2010 PUBLISHED IN THE KARNATAKA GAZETTE DATED 25.02.2010 PUBLISHED IN THE KARNATAKA GAZETTE BY THE RESPONDENTS IN SO FAR IT RELATES TO THE PETITIONER’S LAND AND ETC. 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 - 3 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: “a) Call for the records from the respondents which ultimately resulted in passing of the impugned notifications. b) Issue a writ in the nature of writ of certiorari quashing the preliminary notification Annexure-"A" dated 21.05.2008 made in No.BDA/COMMISSIONER/ DC(LA)/ALAO/158/2008-2009, published in the Karnataka Gazette dated 22.5.2008 issued under section 17 (1) & (3) of the BDA Act and the Final Notification issued under section 19(1) of the BDA Act Annexure-"B" dated 18.02.2010 made in No.UDD 51 MNX 2010 published in the Karnataka Gazette dated 25.02.2010 published in the Karnataka Gazette by the respondents in so far it relates to the petitioner's land. c) Issue an order, direction or writ in the nature of writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 19.06.2008 requesting to delete the site from the acquisition or to allot alternative sanction as per Annexure-F. - 4 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 d) Issue an order or direction, directing the respondents 2 and 3 to delete the petitioner's site from acquisition proceedings as per their own resolution stating that those who have purchased the revenue sites before the preliminary and final notifications those sites are deleted from the acquisition. e) Grant such other relief as this Hon'ble court may deem fit in the facts and circumstances of the case” 2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent No.1 and learned counsel for the respondent Nos.2 and 3- Bengaluru Development Authority(BDA). 3. It is not in dispute that very same preliminary notification dated 21.05.2008 and final notification dated 18.02.2010, were the subject matter of challenge in W.P.No.32186/2010 and connected matters. The learned Single Judge quashed the notifications, the BDA preferred W.A.No.1783/2014 and connected matters, wherein Division Bench of this Court allowed the writ appeals and - 5 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 upheld both the preliminary notification dated 21.05.2008 and final notification dated 18.02.2010 issued for the acquisition of lands for the formation of the land for “Nadaprabhu Kempegowda Layout”, was upheld with the following observation: “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 - 6 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 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; b) Insofar as the site owners who have not made an application as contemplated in para (iii)(a) hereinabove: - 7 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 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 (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989;” (emphasis supplied) - 8 - HC-KAR NC: 2025:KHC:49247 WP No. 20171 of 2023 4. The Division Bench, while upholding the acquisition, issued comprehensive directions in paragraph No.iii(a) and iii(b) of the operative portion. In particular, paragraph No.iii(b) deals with revenue site owners, prescribing the mechanism for registration, priority allotment, eligibility requirements and the contingency of allotment under the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989. 5. The petitioner in the present case is similarly placed, and is admittedly a revenue site holder. Therefore, the observation and directions contained in paragraph No.iii(a) and iii(b) in the order portion squarely apply. More specifically, paragraph No.iii(b). With the said observation, the writ petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 26