- 1 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.38286 OF 2025 (LA-BDA) BETWEEN: 1. SMT. LALITHAMMA W/O. SRI. LAKSHMI NARAYANA, AGED ABOUT 58 YEARS, RESIDING AT NO.23, 8TH CROSS, BEHIND PETROL BUNK, KENGERI RING ROAD, MARIYAPPANA PALYA, BANGALORE-560 056. 2. SRI. YAKANTHARAJU, S/O. LATE UDDINAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.12, 8TH CROSS, THUNGA NAGAR, AROHALLI, NEAR BBMP OFFICE, BENGALURU-560 091. 3. SRI. N. RAMACHARI, S/O. LATE NARAYANACHARI, AGED ABOUT 73 YEARS, RESIDING AT NO.103, 1ST FLOOR, SB ARCHARD, NEAR BMTC BUSSTAND, 3RD MAIN ROAD, UTTARAHALLI, BENGALURU-560 061. 4. SRI. V.S. RAJAGOPAL, S/O. LATE SRINIVASAIAH, AGED ABOUT 71 YEARS, RESIDING AT NO.22, 1ST FLOOR, OPP. V V BAKERY, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 BANASHANKARI III STAGE, BENGALURU-560 085. 5. SMT. K. VIJAYALAKSHMI, W/O. LATE C.K. VENKATANAGARAJU, AGED ABOUT 67 YEARS, RESIDING AT NO.118/207, 1ST MAIN ROAD, 8TH CROSS, CHAMARAJAPET, BENGALURU-560 018. 6. SMT. RATHNAMMA, W/O. LATE MAHADEVAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.C-55, 1ST MAIN, 7TH CROSS, 2ND B ROAD, RAJIVGANDHI NAGAR, KEBBEHALLA, SUNKADAKATTE, BENGALURU-560 091. (SENIOR CITIZEN NOT CLAIMED) …PETITIONERS (BY SRI. ARVIND PATIL B.,ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS ADDL. CHIEF SECRETARY. 2. BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE ADDL. LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 (BY SMT. RASHMI RAO., HCGP FOR R1; SRI. B S SACHIN.,ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND 3 TO GIVE AN OPPORTUNITY TO THE PETITIONERS TO SUBMIT THEIR REPRESENTATIONS TO AWARD COMPENSATION FOR ACQUIRING THEIR SITES IN ACCORDANCE WITH THE GUIDELINES FRAMED BY THIS HONORABLE COURT IN WRIT APPEAL NO.1795/2014 (ANNX-H) 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 The petitioners have approached this Court seeking a writ of mandamus directing respondent Nos.2 and 3 to afford an opportunity to the petitioners to submit their representation for award of compensation in respect of their sites, which are stated to have been acquired for the formation of Nadaprabhu Kempegowda Layout and to consider such representations in accordance with the guidelines framed by the Division Bench of this Court in the case of BENGALURU DEVELOPMENT AUTHORITY - 4 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 AND ANOTHER Vs. SRI. R.SHANKARAN AND ANOTHER1 (SRI. R.SHANKARAN). 2. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1, Sri. B.S.Sachin, learned counsel for respondent Nos.2 and 3. Perused the materials on record. 3. The Division Bench of this Court in SRI. R.SHANKARAN (supra) has made the following observations: "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, angalore, 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 1 WA.No.1783/2014 (LA-BDA) and connected matters, D.D.22.02.2024 - 5 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 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 /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: - 6 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 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 as 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. 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 - 7 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 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. 4. The Division Bench of this Court, while upholding the acquisition proceedings for formation of Nadaprabhu Kempegowda Layout, has laid down an exhaustive mechanism governing the manner in which claims of land owners and site holders are to be considered. 5. In the present case, petitioners claim to be the absolute owners of sites forming part of survey Nos.93 and 94/9, which were acquired pursuant to the preliminary notification dated 08.05.2008 followed by the final notification dated 18.02.2010, for the formation of Nadaprabhu Kempegowda Layout. 6. Learned counsel for the petitioners submits that the issue with respect to the revenue site holders whose properties were acquired and compensation to be paid to - 8 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 them has been clearly laid down in SRI. R.SHANKARAN's case. It is contended that, similarly placed revenue site holders had challenged the acquisition proceedings in the case of SMT. ROSELINE CHRISTY Vs. STATE OF KARNATAKA AND OTHERS2 (SMT. ROSELINE CHRISTY), wherein this Court directed respondent No.2-BDA to consider the application of the revenue site holders in accordance with the Division Bench order in R.SHANKARAN's case. Learned counsel submits that the petitioners being similarly placed, the present writ petition needs to be disposed of in similar terms as in R.SHANKARAN's case and SMT. ROSELINE CHRISTY's case. 7. Per contra, learned counsel appearing for the respondent-BDA submits that though the petitioners are subsequent purchasers after the preliminary notification, in view of the binding decision of the Division Bench of this Court in R.SHANKARAN's case and the subsequent 2 WP.No.14585/2024 and connected matters, D.D.11.09.2024 - 9 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 orders passed by this Court in similar matter in the case of SMT. ROSELINE CHRISTY's, the respondent-BDA would consider the representation of the petitioners, if submitted, strictly in accordance with law and in terms of the guidelines laid down therein. 8. Having regard to the submission made and in view of the settled position of law governing the manner of consideration of claims of revenue site holders, this Court finds no reason to deny the petitioners identical relief identical to that granted to similarly placed persons and accordingly the following: ORDER i) The writ petition is disposed of. ii) The petitioners are directed to give representation to the respondent– authorities within a period of four(4) weeks from the date of receipt of a certified copy of this order. - 10 - HC-KAR NC: 2025:KHC:54114 WP No. 38286 of 2025 iii) Upon receipt of such representation, the respondent-BDA is directed to consider the petitioners' claim in terms of the order passed in R.SHANKARAN's case and pass appropriate orders within a period of four(4) months from the date of filing of such representation, in accordance with law. iv) Till such consideration and decision, no coercive steps shall be taken or initiated against the petitioners in respect of the schedule properties. v) It is made clear that the petitioners shall not create any third party rights in respect of the schedule properties pending consideration of their representation. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM/List No.: 1 Sl No.: 2