- 1 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1178 OF 2025 (LA-BDA) BETWEEN: 1. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST EXTENSION, BANGALORE-560 020, REP. BY ITS COMMISSIONER. 2. THE ADDITIONAL LAND ACQUISITION OFFICER, THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST EXTENSION, BANGALORE-560 020. …APPELLANTS (BY SRI GURUDAS SHYAM RAO KANNUR, SENIOR ADVOCATE A/W SRI AJAY KUMAR M, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001, REP. BY ITS SECRETARY. 2. SRI K. S. BASAVARAJ, AGED ABOUT 54 YEARS, S/O. SRI SHIVASHANKARAIAH, R/AT NO.109/6, VEERABHADRANAGAR, KOMMAGHATTA, SULIKERE POST, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 KENGERI HOBLI, BANGALORE-560 060. 3. SMT. KATHYANINIYAMMA, AGED ABOUT 71 YEARS, W/O. SRI SHIVASHANKARAIAH, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 4. SRI SHIVASHANKARAIAH, AGED ABOUT 81 YEARS, S/O. LATE BYRAPPA, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 5. SRI D. SOMASHEKARAIAH, AGED ABOUT 79 YEARS, S/O. LATE BYRAPPA, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 6. SRI MALLIKARJUNA ARADHYA, AGED ABOUT 80 YEARS, S/O. LATE NANJUNDARADHYA, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 7. SRI K.R. DAYANANDA, AGED ABOUT 51 YEARS, S/O. LATE RAJASHEKARAIAH, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. - 3 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 8. SRI JAYANNA. R, AGED ABOUT 74 YEARS, S/O. LATE. K.G. REVANNA, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 9. SRI JAGADISH. R, AGED ABOUT 72 YEARS, S/O. LATE. K.G. REVANNA, R/AT KOMMAGHATTA, SULIKERE POST, KENGERI HOBLI, BANGALORE-560 060. 10. SRI K.M. BASAVARARADHYA, AGED ABOUT 91 YEARS, S/O. LATE. R.N. MALLIKARJUNAIAH, R/AT 68, 4TH MAIN, 5TH CROSS, CHAMARAJPET, BANGALORE-560 018. 11. S.V. SIDDAPPA, AGED ABOUT 70 YEARS, S/O. SRI R. VIRUPAKSHAIAH, R/AT NO.18, REVANASIDDESHWARA NILAYA, KRISHNAPPA GARDEN, KENGERI SATELLITE TOWN, BANGALORE-560 060. NOTE: THE RESPONDENTS NO.11 & 12 IN THE W.P NOS. 26657/2016 AND WP NO. 26659/2016 AS BEEN DISMISSED VIDE ORDERS DATED 29.08.2017 & 13.10.2017. HENCE THE ABOVE RESPONDENTS ARE NOT MADE PARTY TO THIS WRIT APPEAL. …RESPONDENTS (BY SRI K.S HARISH, G.A FOR R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS b) ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE FINAL ORDER - 4 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 DATED 09.01.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP Nos-26640-650/2016 AND 26651/2016 AND 26652-626/2016. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal, impugning an order dated 09.01.2019, passed by the learned Single Judge in Writ Petition Nos. 26640-650/2016 [LA-BDA] and other connected writ petitions. 2. The operative part of the impugned order reads as under: "In the above circumstances, these Writ Petitions succeed; a Writ of Mandamus issues to the respondents 2 & 3 to take immediate steps for allotment of sites to the land losers; a Writ of Mandamus issues to the 1st respondent-Government and to the 2nd respondent-BDA not to go for allotment of sites to the public till after sufficient area/sites are earmarked in the layout for the benefit of land losers. The respondents 1 & 2 shall consider formulation of some norms/guidelines for regulating the earmarking of the area/sites for the benefit of the land losers in the BDA layouts. No costs." - 5 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 3. The present appeal has been filed after an inordinate delay of 1610 days. 4. Learned counsel appearing for the appellants submits that the appellants did not file an appeal as they are not aggrieved by the directions to take steps for allotment of sites to land losers. He submits that the appeal has been filed because the said impugned order is being misconstrued, to mean that the appellants are obliged to allot sites to even to those land losers who had opted to collect cash compensation at the material time. He submits that the impugned order is misconstrued to read that the appellants are obliged to allot sites to all persons whose lands have been acquired and therefore, the appellants would be aggrieved by such an order. 5. Prima facie, the operative directions issued by the learned Single Judge can be construed only as direction to the appellants to allot sites to those persons who are otherwise eligible and entitled for such allotment. 6. The learned counsel for appellants seeks to withdraw the present appeal with liberty to file an application for clarification - 6 - HC-KAR NC: 2025:KHC:32405-DB WA No. 1178 of 2025 before the learned Single Judge. The appeal is dismissed with the aforesaid liberty. 7. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 53