- 1 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36112 OF 2024 (LA-BDA) BETWEEN: 1. SMT. UMADEVI AGED ABOUT 68 YEARS, W/O LATE GURUMALLAPPA 2. G. SIDDALINGASWAMY AGED ABOUT 51 YEARS, S/O GURUMALLAPPA 3. K.G. GURUSHANTHA AGED ABOUT 47 YEARS, S/O GURUMALLAPPA ALL ARE R/AT KANNALLI, KODIGEHALLI POST, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. …PETITIONERS (BY SRI. C.M. NAGABUSHANA, ADVOCATE) 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 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 T. CHOWDAIAH ROAD, BANGALORE-560020. …RESPONDENTS (BY SRI. HARISHA A.S., AGA, FOR R1; SRI C. VENKATESH, ADVOCATE, FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTORORI QUASHING THE NOTICES WHICH IS UNDATED AND UNNUMBERED ISSUED UNDER SECTIONS 9 AND 10 OF THE LAND ACQUISITION ACT BY THE RESPONDENTS 2 AND 3 AT ANNEXURE - L BEARING NO. BU.SWA.PRA.NO.2011-12 ISSUED BY THE R3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners have approached this Court seeking the following reliefs : “I. Issue a of writ of certiorari or order or direction in similar nature quashing the Preliminary Notification dated 21/05/2008, bearing No. BDA / Commr / DC (LA) / ALAO / 158/2008-09, Bangalore, published in Karnataka Gazette dated 22/05/2008 issued under Section 17(1) & (3) of the BDA Act, 1976 at Annexure-E, by the 2nd Respondent and Final Notification dated 18/02/2010, bearing No.UDD51MNX2010, Bangalore, issued under Section 19 (1) of0 the Bangalore Development Authority Act, - 3 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 1976, issued by the 1st respondent at Annexure - F in so far as to the petitioner schedule lands are concerned. II. Issue an order or direction in the nature of writ of certiorari quashing the notices which is undated and unnumbered issued under Sections 9 & 10 of the Land Acquisition Act by the respondents 2 and 3 at Annexure L in bearing No.Bu.Swa.Pra.No: 2011-12 issued by the respondent No.3. III. Issue any order or orders as deems fit and proper under the circumstances of the case.” Prayer (I) is dismissed as not pressed vide Court Order dated 17.10.2025. 2. Heard Sri C.M.Nagabushana, learned counsel for the petitioners, Sri Harisha A.S, learned AGA for respondent No.1 and Sri C.Venkatesh, learned counsel for respondents No. 2 and 3. 3. The petitioners claim to be the kathedar of land bearing Sy. No. 70/6 measuring 3 acres 24 guntas of Kodigehalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk. The schedule property was proposed for acquisition by the BDA through a Preliminary Notification dated - 4 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 21.05.2008 and Final Notification dated 18.02.2010 for formation of ‘Nada Prabhu Kempegowda Layout’. The petitioners being aggrieved by the notification, approached this Court in WP 40958/2012. This Court allowed the Writ Petition, holding that no valid scheme had been framed as contemplated under law for the issuance of the notification. Aggrieved, by the said order passed by the learned single Judge, the BDA preferred Writ Appeal 2032 of 2014. The Division Bench upheld the acquisition proceedings, however, it permitted landowners seeking exclusion of their lands from acquisition to make representations to the BDA for dropping their lands from acquisition. Pursuant to the same, the petitioners submitted a representation to the second respondent. 4. Learned counsel for the petitioners submits that the appeal preferred by the BDA in Writ Appeal 2032 of 2014 was connected with Writ Appeal 1783 of 2014, which was disposed of on 22.02.2024. In that decision, the Division Bench, issued certain directions, and similar - 5 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 directions are sought in this Writ Petition as well. It is further submitted that in line with the judgment in Writ Appeal 1783/2014 and connected matters, similar orders have been passed by the Co-ordinate Bench of this Court, one such Writ Petition is in the case of Smt. Kamalamma and Others vs State of Karnataka and Others1. The Division Bench of this Court in Writ Appeal No.1783 of 2014 and connected matters has passed 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; 1 W.P 21695/2025, D.D. 01.09.2025 - 6 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 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 consideration any developments / - 7 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 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 - 8 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 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 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. - 9 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 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)xx xx xx.” 5. Learned counsel for the petitioners submits that in light of the above decision in Writ Appeal 1783 of 2014, the BDA may be directed to consider the petitioners’ representation at Annexure- K1 dated 06.05.2024. 6. The decision in Writ Appeal 1783/2014 applies squarely to the facts of the present case. Hence, this Court deems it appropriate to direct the BDA to consider the petitioners representation annexed to the petition at Annexure-K1 and pass necessary orders. Accordingly, this Court pass the following : ORDER (a) The Writ Petition is allowed in part. - 10 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 (b) Respondents 2 and 3 are directed to consider the petitioners’ representation at Annexure-K1 and pass appropriate orders in accordance with law, bearing in mind the observations made by the Division Bench in Writ Appeal 1783 of 2014 and connected matters, within an outer limit of three months from the date of receipt of the copy of this order. (c) The petitioners are at liberty to file a fresh representation, if need arises, and if such representation is submitted, the BDA shall consider the same in accordance with law. (d) All the contentions of the petitioners and the defence of the respondents are kept open. (e) In light of the direction issued in Writ Appeal 1783 of 2014 by the Division Bench, the respondents, till the consideration of the petitioners representation, shall not take any - 11 - HC-KAR NC: 2025:KHC:42120 WP No. 36112 of 2024 coercive steps in respect of the petitioners schedule property. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 43