- 1 - HC-KAR NC: 2026:KHC:30798 WP No. 33506 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 33506 OF 2024 (LA-BDA) BETWEEN: 1. SHRI SOMASHEKAR SON OF LATE HUCHAPPA AGED 73 YEARS 2. SHRI H. RAVINDRA SON OF HUCHAPPA AGED 66 YEARS 3. SMT. LEELAMMA WIFE OF SHRI SOMASHEKAR AGED 67 YEARS 4. SHRI H.S. DEEPAK SON OF SHRI LATE SOMASHEKAR AGED 47 YEARS 1(b) SMT. H.S.DEEPA DAUGHTER OF LATE SOMASHEKAR WIFE OF DR. PADMA PRASADH AGED ABOUT 45 YEARS 1(c) SHRI. H.S.DINESH SON OF LATE SOMASHEKAR AGED 42 YEARS ALL ARE AT KOMMAGHATTA VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK AND DISTRICT PIN 560 060 …PETITIONERS (BY SRI. ARUN B.M., ADVOCATE FOR PETITIONERS and LRS OF DECEASED PETITIONER NO.1) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30798 WP No. 33506 of 2024 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT MULTISTORIED BUILDING AMBEDKAR VEEDI BANGALORE 560 001 2. BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BANGALORE-560 020 BY ITS COMMISSIONER 3. ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD BANGALORE-560 020 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. G.S.KANNUR, SENIOR ADVOCATE FOR SRI. MURUGESH V. CHARATI, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION ISSUED UNDER SECTION 17 (1) AND (3) OF THE BDA ACT DATED 21.05.2008 AND PUBLISHED IN THE OFFICIAL GAZETTE ON 22.05.2008 VIDE ANNEXURE-A PRL.NOTIFICATION NO. BDA/COMMR/DC(LA)/ALAO/158/2008-2009 DATED 21.05.2008 IN SO FAR AS THE PETITIONER'S CONTIGUOUS LAND BARING i) SY.NO.61/4, MEASURING 9 ACRES 20 GUNTAS (INCLUDING 10 GUNTAS KHARAB) AT SL.NO.510, ii) SY.NO. 61/6, MEASURING 8 ACRES 39 GUNTAS (IN 20 GUNTAS KHARAB) AT SL.NO.512 (WRONGLY MENTIONED AS 9 ACRES 32 GUNTAS), iii) SY.NO. 61/5 MEASURING 9 ACRES 12 GUNTAS (INCLUDING 20 GUNTAS KHARAB) AT SL.NO. 511 iv) SY.NO. 209, MEASURING 1 - 3 - HC-KAR NC: 2026:KHC:30798 WP No. 33506 of 2024 ACRE 29 GUNTAS (INCLUDING 4 GUNTAS KHARAB), AT SL.NO.614, v) SY.NO.213, MEASURING 3 ACRES 36 GUNTAS (INCLUDING 4 GUNTAS KHARAB), AT SL.NO.618, vi) SY.NO. 60/1 MEASURING 8 ACRES 32 GUNTAS (INCLUDING 25 GUNTA KHARAB), AT SL.NO.503, vii) SY.NO. 210, MEASURING 1 ACRE 30 GUNTAS (INCLUDING 05 GUNTAS KHARAB), AT SL.NO. 615, viii) SY.NO.211, MEASURING OF 2 ACRES (INCLUDING 03 GUNTAS KHARAB), AT SL.NO. 616 IN ALL MEASURING 45 ACRES 38 GUNTAS (INCLUDING 2 ACRES 11 GUNTAS KHARAB) OF KOMAGHATTA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT AND THE SUBSEQUENT FINAL NOTIFICATION ISSUED UNDER SECTION 19 OF THE BDA ACT DATED 18.02.2010 AND PUBLISHED IN THE OFFICIAL GAZETTE ON 28.02.2010 VIDE ANNEXURE-B BEARING NO.UDD 51 MNX 2010 BLORE DATED 18.02.2010 IN SO FAR AS THE AFORESAID SUBJECT LANDS OF THE PETITIONERS AT SL.NO.478, 480, 479, 565, 569, 471, 566, 567 RESPECTIVELY ARE NULL AND VOID AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged a preliminary notification bearing No.BDA / COMMR / DC (LA) / ALAO / 158 /2008-2009, Bengaluru dated 21.05.2008 issued by respondent No.2 under Section 17(1) and (3) of Bengaluru Development Authority Act, 1976 and the final notification bearing No.UDD 51 MNX 2010, Bengaluru dated 18.02.2010 issued by respondent No.2 under - 4 - HC-KAR NC: 2026:KHC:30798 WP No. 33506 of 2024 Section 19(1) of the Bengaluru Development Authority Act, 1976. 2. When this petition is listed for orders, a memo is filed by the petitioners which reads as follows: "The undersigned submits that without prejudice, the Petitioners 2 to 4 and other legal heirs of deceased Petitioner No.1 have agreed to take benefit of 40 : 60 scheme of the Respondents. In the light of the same, the prayers in the present petition have become infructuous and the petition be disposed off in the said terms." 3. In view of the above, this petition is disposed off directing the respondents to consider the request of the petitioners for allotment of 40% developed sites in lieu of cash compensation. 4. The same shall be done within a period of two months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 0