- 1 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28080 OF 2025 (LA-BDA) BETWEEN: 1. SMT. ANUPAMA W/O SHESHACHALA AGED ABOUT 47 YEARS R/O KAREKALLAHALLI VIDYANAGARA GOWRIBIDANUR TOWN-561206 CHICKBALLAPUR DISTRICT. 2. V.RAJU S/O LATE VENKATAYYA AGED ABOUT 83 YEARS R/AT NO 28, 1ST CROSS 1ST MAIN ROAD KAVERI NADHI ROAD, SRINAGAR BENGALORE 560050. 3. ANAND KUMAR N S/O M.N NARAHARI AGED ABOUT 52 YEARS R/AT KOMATIGARA BEEDI SHIDLAGHATTA TOWN-562105 CHIKKABBAPURA DISTRICT. 4. SMT. SARASWATHI W/O RAMESH.B. AGED ABOUT 40 YEARS R/AT NO.8 OPP. TO SVS PUBLIC SCHOOL SONNENHALLI VILLAGE ULLAL POST BANGALORE 560056. 5. S.N MANU S/O LATE NARASAIH Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 AGED ABOUT 31 YEARS R/AT NO.23, 1ST CROSS 1ST MAIN OPP. ASHWANI SCHOOL, BHYRAVESWARANAGARA, LAGGERE BANGALORE-560 058. 6. S.N. MADHU S/O LATE K NARASIAH AGED ABOUT 37 YEARS R/AT NO 23. 1ST MAIN ROAD 1ST CROSS, OPP TO ASHWINI SCHOOL BAIRAVESHWARANAGARA, LEGGARE BENGALORE-560058. 7. RAVICHANDRA S/O SWAMY AGED ABOUT 37 YEARS R/AT NO 80 10TH CROSS 2ND MAIN MYSORE ROAD BANGALORE- 560018. 8. SMT CHIKKATHAYAMMA W/O N KADIRE GOWDA AGED ABOUT 63 YEARS R/AT NO.57 1ST FLOOR 2ND CROSS B.D.JATTI NAGAR BENGALORE 560 026. 9. SMT BHARTHI W/O R GURUDATTA AGED ABOUT 56 YEARS R/AT 96/16, VASISTA 2ND CROSS NAGENDRA BLOCK BANASHANKARI 3RD STAGE SBM COLONY BANGALORE-560085. 10. VISHKANTE GOWDA S/O LATE NANGUNDE GOWDA AGED ABOUT 64 YEARS R/AT NO.1305, 7TH MAIN ROAD RAJAJINAGAR 2ND STAGE, 2ND BLOCK BANGALORE-560 010. - 3 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 11. SMT PREMAVATHI BHAI W/O BABU SINGH(LAXHMAN SINGH) AGED ABOUT 59 YEARS R/AT NO.1, 7TH CROSS, MYSORE ROAD OLD PENYAN MALYA, CHAMARAJPET BENGALORE-560 018. …PETITIONERS (BY SRI. SUDHINDRA S A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S BUILDING BANGALORE- 560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560020. 3. THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560 020. 4. THE ASST. EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE - 560 020. 5. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE -560 020. 6. THE SPECIAL TASK FORCE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE -560 020. …RESPONDENTS (BY SRI. HARISHA A S. AGA FOR R1: SRI. VASANTH, ADVOCATE FOR R2 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 BDA AUTHORITIES TO CONSIDER THE - 4 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 REPRESENTATIONS GIVEN BY THE PETITIONERS VIDE ANNEXURES-H3, J3, K3, M3, N2, P2, Q4, R1, S5, T4 AND T5 DATED 23.07.2025 DATED 25.07.2025 AND DATED 28.07.2025 AND ETC. 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 Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri Vasanth, learned counsel is directed to take notice for respondent Nos.2 to 6. 3. The petitioners are before this Court seeking a direction to respondent No.2-BDA authorities to consider the representations given by the petitioners at Annexures- H3, J3, K3, L3, M3, N2, P2, Q4, R1, S5, T4 & T5 and to collect the betterment charges in accordance with the resolution dated 18.04.2017 passed by the BDA. 4. Heard the learned counsel for the petitioners, learned Additional Government Advocate for respondent No.1 and the learned counsel for respondent Nos.2 to 6. - 5 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 5. Learned counsel for the petitioners submits that the controversy involved in this writ petition is squarely covered by the decision of Division Bench of this Court in the case of BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS. SRI.R.SHANKARAN & ANOTHER1. Placing reliance on the Division Bench judgment, it is submitted that similar directions have been issued by a Co-ordinate Bench of this Court in the case of SMT.YELLAMANCHELE VIDHULATHA DEVI AND OTHERS VS. STATE OF KARNATAKA AND OTHERS2, wherein the writ petition was allowed with a direction to consider the representations of the petitioners therein, in accordance with law. 6. The Co-ordinate Bench of this Court in the case of ‘SMT.YELLAMANCHELE VIDHULATHA DEVI’ (supra) while following the aforesaid Division Bench judgment has held at paragraph Nos.4 and 5 as follows : 1 W.A.No.1783/2014 and connected cases D.D.22.02.2024 2 W.P.No.24754/2025 D.D.16.09.2025 - 6 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 “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- 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: - 7 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 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 / improvements / constructions made subsequent to the preliminary notification; (iii) The BDA shall complete the exercise of considering the applications of the writ - 8 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 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 - 9 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 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. - 10 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 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.” 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 - 11 - HC-KAR NC: 2025:KHC:39839 WP No. 28080 of 2025 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-H3, J3, K3, L3, M3, N2, P2, Q4, R1, S5, T4 & T5, as per the directions issued in the case of ‘SRI.R.SHANKARAN’ (supra), within the time fixed in the case of ‘SRI.R.SHANKARAN’ (supra). 9. In the meanwhile, the respondents-BDA shall not take any precipitative steps against the petitioners till the representations are duly considered and orders are passed in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA HA LIST NO.: 1 SL NO.: 19