- 1 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 43571 OF 2018 (LA-BDA) BETWEEN: 1. SRI. S.H. VIJAYAKUMAR S/O SRI HANUMANTHAIAH R/AT NO.168, 8TH CROSS ROAD,R G I COLONY, SRIRAMPUR, BENGALURU - 560 021 …PETITIONER (BY SRI. CHOWDAREDDY T.M., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, (BELLARY ROAD) BENGALURU - 560 020 2. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, (BELLARY ROAD) BENGALURU - 560 020 3. THE SECRETARY URBAN DEVELOPMENT DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001 …RESPONDENTS (BY SRI. MURUGESH V. CHARATI, ADVOCATE FOR R1 AND R2 SMT. RASHMI RAO, HCGP FOR R3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 21.05.2008 ISSUED UNDER SECTION 17(1) AND (3) OF THE BDA ACT VIDE ANNEX- B AND THE FINAL NOTIFICATION ISSUED UNDER SEC. 19(1) OF THE BDA ACT IN NO. UDD51 / MNX/2010, BENGALURU DATED 16.2.2010 PUBLISHED IN KARNATAKA GAZETTE DATED 18.2.2010 ISSUED BY THE R-1, VIDE ANNEX-C IN SO FAR AS SITE BEARING NO. 45 FORMED IN SY.NO. 28 KHATA NO. 28 OF K KRISHNA SAGARA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri T.M.Chowda Reddy, learned counsel for petitioner, Sri Murugesh V. Charati, learned counsel for respondent Nos.1 and 2 and Smt.Rashmi Rao, learned High Court Government Pleader for respondent No.3. 2. The issue in the lis, need not detain this Court for long or delve deep into the matter, as the issue is completely covered by the order dated 10.06.2025, passed by this Court in W.P.No.53237/2016, which was following the earlier judgment rendered by a division bench of this Court in - 3 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 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. The subject acquisition that is called in question pertains to ‘Nadaprabhu Kempegowda Layout’. The division bench while considering the challenge to the said acquisition has upheld the acquisition by issuing certain directions. They read as follows: “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; 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 - 4 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 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 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 - 5 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 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. 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.” In the light of the afore-quoted directions, the petitioner is also reserved liberty to submit representation to respondent - 6 - HC-KAR NC: 2025:KHC:27611 WP No. 43571 of 2018 Nos.1 and 2 - Bangalore Development Authority and respondent Nos.1 and 2 shall consider the same, as is directed by the division bench, within the time frame fixed by the division bench, which would run from the date of receipt of a copy of this order. 3. With the aforesaid observations and directions, the petition stands disposed of. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 74