- 1 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11936 OF 2025 (LA-BDA) BETWEEN: SRI. SANKA KANAKA KRUPAKAR S/O SANKA GOPAL KRISHNA MURTHY, AGED ABOUT 46, R/O H.NO. 101, KEMPE GOWDA ENCLAVE, SHYAMARAJAPURA, YELAHANKA, BENGALURU-56009 …PETITIONER (BY SMT. K SHOBHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN LAND DEVELOPMENT DEPT, VIDHANA SOUDHA, BENGALURU-560001 REP BY ITS UNDER SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, BENGALURU-560002 REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 BENGALURU-560002 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI.M RAJAKUMAR., AGA FOR R1; SRI.SHIVAPRASAD M SHANTHANAGOUDAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION AND THEREBY DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER AS PER ANNEXURE-A, ANNEXURE-B DATED 04.10.2023 AND 29.03.2024 FOR REGULARIZATION OF H.No-101 IN KEMPEGOWDA ENCLAVE IN SY. NO.14 AT SHYMARAJAPURA AND THEREBY DIRECT THE BDA TO REGULARIZE HOUSE BY ISSUING THE CERTIFICATE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) Heard Smt.K Shobha, learned Counsel appearing for petitioner, Sri.M.Rajakumar, learned Additional Government Advocate along with Sri Shivaprasad M. Shantanagoudar, learned Counsel appearing for - 3 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 respondents/Bangalore Development Authority (‘BDA’ for short). 2. The petitioner is said to be holder of a revenue site and constructed a dwelling house in the site bearing No.101, portion of V.P.Khata No.561/14 of Kempegowda Enclave in Sy.No.14 of Shyama Rajpura village, Yelahanka Hobli, Bangalore North Taluk, Bengaluru, which came to be acquired for formation of Dr.Shivaramakaranth Layout. The petitioner though seeks consideration of his representations submitted on 04.10.2023 and 29.08.2024 pursuant to the orders of the Apex Court, the issue would be entitlement of the petitioner for the relief qua the site he had held. 3. The learned Counsel appearing for BDA Sri. Shivaprasad M. Shantanagoudar submits that the Apex Court has considered the grievances of the revenue site holders in the layout formed in Dr.Shivaramakaranth Layout. - 4 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 4. The Apex Court, in its order dated 05-05-2021, answering Miscellaneous Application Nos.1614-1616 of 2019 notices the affidavit filed by the BDA in respect of previous layouts formed by the BDA in which purchasers of revenue sites in those layouts have been permitted to apply for allotment of sites measuring 30x40’. The Apex Court observes as follows: “…. …. …. (4) In our Order dated 18.03.2021, we had observed as under: "It appears that certain persons belonging to poor and middle-income groups have purchased house sites from the land owners whose lands have been notified for the acquisition for the formation of the lay-out in question, prior to the date of the judgment dated 03.08.2018. We are of the view that their grievances also require to be redressed. we are informed that similar grievances of the purchasers of the sites in other layouts formed by the Bangalore Development Authority have been redressed by the Bangalore Development Authority. The Commissioner, Bangalore Development Authority, is directed to place on record the mode and manner of redressal of the grievances of such site-holders adopted by the Bangalore Development Authority in the previously formed lay-outs within a period of four weeks from today." - 5 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 (5) In compliance of the above order, the Commissioner, Bangalore Development Authority (B.D.A.), has filed an affidavit dated 12.04.2021 stating that in respect of the previous lay-outs formed by the B.D.A. such as Anjanapura Layout, sir M. Vishweshwaraiah Layout, Banashankari 6th Stage layout, the purchasers of the revenue sites in those lay-outs have been permitted to apply for allotment of sites measuring 30 ft. x 40 ft. even though the sites purchased by them are bigger in dimension. The affidavit also indicates the other conditions based on which the sites were allotted to the revenue site holders. (6) In consideration of the above, we are of the view that the purchasers of sites in Dr. Shivaram Karanth Layout are entitled for allotment of sites provided that their purchase of such sites is prior to the date of the judgment i.e. 03.08.2018. (7) The purchasers of the sites in Dr. Shivaram Karanth Layout are permitted to get themselves registered in the B.D.A. as applicants for allotment of sites under the Bangalore Development Authority (Allotment of Sites) Rules, 1984 ("B.D.A. Allotment of Site Rules") within 4 months from today. (8) These purchasers should not he owning any other residential property in Bangalore and surrounding vicinity. They shall be bound by all the other terms and conditions for allotment of sites as per the B.D.A. Allotment of Site Rules. (9) The General Power of Attorney holders and persons having an Agreement to Sell are not entitled for allotment of the sites. - 6 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 (10) Purchasers of sites, through registered sale deeds, prior to 03.08.2018, are alone entitled for allotment of sites as per this order. (11) The B.D.A. shall calculate the compensation payable to the applicants in respect of their acquired sites and give credit accordingly by adjusting the same towards the allotment price for the sites to be allotted and call upon the applicants to pay the balance, if any. (12) The allotment of sites is restricted to sites measuring 30 ft. x40 ft. being the maximum extent irrespective of the measurement of their sites that have been acquired by the B.D.A. (13) The applicants have to withdraw the cases filed by them, if any, challenging the acquisition of their lands, before filing an application with the B.D.A. in terms of this order (14) The purchasers of the sites are permitted to apply for allotment of sites to the B.D.A. along with self-certified photocopy of the title deeds on or before 17.09.2021. It is clarified that they need not pay the initial deposit. The documents submitted by the applicants along with their applications for allotment of sites in terms of this order shall be referred by the Commissioner, B.D.A., to a committee of retired District Judges comprising of a Chairman and two Members. The Committee so appointed shall examine the title deed of the applicants and submit a report as to the ownership of the sites to the Commissioner, B.D.A. The rival claim(s), if any, shall also be decided by the committee. The B.D.A. would allot sites only to those applicants who are duly certified by this Committee - 7 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 as the owners, subject to their satisfying other conditions of this order.” The Apex Court, in terms of the aforesaid order, directed constitution of a Committee to go in the issue of revenue site holders. In furtherance of the direction so issued, Bopaiah Committee is constituted to specifically go into the issue of the revenue site holders and their respective claim. 5. In the light of the direction by the Apex Court as quoted supra, and the constitution of the Bopaiah Committee, the petitioner will have to be relegated to appear before the Committee, as in terms of the said order, it is for the Committee to decide the grievance of the petitioner and answer the same. In that light, we are of the considered view that this petition could be disposed, with a direction to the Committee to consider the grievance of the petitioner–revenue site holder and redress the same. - 8 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 6. The learned Counsel for the BDA submits that several applications are pending before the Committee and there are several applications to be placed before the Committee, they could be of the notification of the year 2018 or 2022. In that light, we deem it appropriate to direct the BDA to consider the grievances of those persons i.e., the revenue site holders, by the Committee, notwithstanding the fact that they are petitioners before the Court or otherwise. It is also necessary for the BDA to notify that the Committee is taking up the applications of the revenue site holders by giving adequate publicity. 7. The learned Counsel appearing for the petitioner submits that there are constructions put up in the property. Therefore, specific direction may be issued to the Committee while assessing the claim of the revenue site holders to look into the fact whether there are constructions put up in the property and pass necessary orders. - 9 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 8. In the light of the aforesaid reasons, the following: ORDER (a) The petition stands disposed. (b) The petitioner is relegated to appear before the Committee qua his grievances. (c) The grievance of the petitioner also shall bear consideration at the hands of the Committee like all the other applications that would bear consideration, as observed hereinabove. (d) The Committee while assessing the claim of the revenue site holders shall also look into the fact whether there are constructions put up in the - 10 - HC-KAR NC: 2026:KHC:7139-DB WP No. 11936 of 2025 property and pass necessary opinion in accordance with law. (e) Till the Committee decides on the applications of the respective applicants, status quo, qua the property, be maintained by the parties. Ordered accordingly. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE DL CT: JL