- 1 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.NAGAPRASANNA AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 29436 OF 2024 (LA-BDA) BETWEEN: SRI. R.MOHAN KUMAR, S/O SRI. RAMACHANDRAPPA, AGED ABOUT 49 YEARS, R/AT CHOWDAPPA LAYOUT, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 064. …PETITIONER (BY SMT. MEGHANA, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE 560 001. 2. THE PRINCIPAL SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. 4. THE BOPIAH COMMITTEE CONSTITUTED FOR REGULARIZATION OF UN-AUTHORIZED CONSTRUCTION, BDA COMPLEX, K.P WEST, BANGALORE-560021. REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SMT. HEMALATHA.V, AGA FOR R-1; SRI. SHIVAPRASAD M SHANTANAGOUDAR, ADVOCATE FOR R-2 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE PRELIMINARY NOTIFICATION DATED BEARING No.BDA/DC (LA) 67/2022-23 DATED 19.08.2022 ISSUED UNDER SECTION 17(1) AND (3) OF THE BDA ACT ISSUED BY THE RESPONDENT No.2 (ANNEXURE-T) AND THE FINAL NOTIFICATION BEARING No.UDD 265 MNX 2022 (E) DATED 18.10.2022 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 19 OF THE BDA ACT (ANNEXURE-V) AND THE NOTICE BEARING No.6 LAC/99/2022-23 DATED 23.05.2023 ISSUED UNDER SECTION 12(2) OF THE LA ACT BY THE RESPONDENT No.3 (ANNEXURE-W) IN SO FAR AS IT RELATES PROPERTIES SET OUT SCHEDULE B TO F AND ETC. - 3 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 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 and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court, seeking the following prayers: "I. Issue a writ in the nature of writ of certiorari or any other appropriate writ, order or direction quashing the Preliminary Notification dated bearing No.BDA/DC (LA) 67/2022-23 dated 19.08.2022 issued under Section 17(1) & (3) of the BDA Act issued by the Respondent No.2 (ANNEXURE-T) and the Final Notification bearing No. UDD 265 MNX 2022(E) dated 18.10.2022 issued by the 1st Respondent under Section 19 of the BDA Act, (ANNEXURE-V) and the notice bearing No.6 LAC/99/2022-23 dated 23.5.2023 issued under Section 12(2) of the LA Act by the Respondent No.3 (ANNEXURE-W) in so far as it relates properties set out Schedule B to F. II. Issue a writ in the nature of Mandamus, directing the respondents to consider the applications dated 7.12.2022 submitted to the A.V Chandrashekar Committee for regularization by directing the BDA to collect the betterment charges in respect of the schedule 'B' to 'F' properties. (ANNEXURE-U1). III. Issue a writ in the nature of a mandamus or any other appropriate writ, order or direction directing the Respondents to regularize the schedule 'B' to 'F' properties - 4 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 as it squarely comes within the parameters of the order of the Hon'ble Supreme Court in M.A. 1614/1616/2019 in Civil Appeal No. 7661-7663/2018. IV. Issue writ in the nature of writ of certiorari or any other appropriate writ, order or direction quashing the endorsements No.6/LFT/100/2022-23 dated 6.09.2024 issued by Respondent no.3 (ANNEXURE-AH, AH1. AH2. AH3, AH4). V. Issue a writ in the nature of Mandamus, directing the respondents to consider the application dated 28.08.2024 submitted to Respondent No.4 for regularization in respect of the schedule 'B' to 'F' properties (Annexure-AF TO AF4)". 2. Heard Smt.Meghana, learned counsel appearing for the petitioner, Smt.Hemalatha V, learned AGA appearing for respondent No.1, Sri.Shivaprasad M. Shantanagoudar, learned counsel appearing for respondent Nos.2 to 4 and have perused the material on record. 3. Learned counsel appearing for the petitioner would submits that the petitioner approached Justice A.V. Chandrashekhar Committee, which did not take up the cause, then later approached the Bopaiah Committee at which point in time, the Committee was not empowered to consider beyond the brief that it was constituted for. This Bench in terms of its order dated 06.02.2026 empowered the Bopaiah committee to - 5 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 go beyond the brief to consider all the grievances of the sites in peculiar circumstances as obtaining in the order. The order passed in W.P.No.19770/2025, disposed on 06.02.2026 reads as follows: "Heard Sri. Gaurav G.K., learned Counsel appearing for petitioner along with Sri Shivaprasad M. Shantanagoudar, learned Counsel appearing for 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 formed in Sy.No.55/9 of Ramagondanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru, which came to be acquired for formation of Dr.Shivaramakaranth Layout. The petitioner though seeks consideration of his representation submitted on 03.05.2025 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. 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 - 6 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 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) 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. (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. - 7 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 (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 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. 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. - 8 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 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. 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 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." 4. In the light of this Bench permitting Bopaiah Committee to consider the lands like other applications, the petitioner shall now approach the Bopaiah Committee with requisite application/representation and the Committee would - 9 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 consider the grievance of the petitioner as is directed in the aforesaid petition. 5. In the light of the aforesaid reasons, the following: ORDER [I] The petition stands disposed. [II] The petitioner is relegated to appear before the Committee qua his grievances. [III] 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. [IV] 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 property and pass necessary opinion in accordance with law. - 10 - HC-KAR NC: 2026:KHC:33195-DB WP No. 29436 of 2024 [V] Till the Committee decides on the applications of the respective applicants, status quo, qua the property, be maintained by the parties. [VI] The Committee shall consider the application and pass necessary orders within three months from the date the Committee would take up the issue. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Sd/- (VENKATESH NAIK T) JUDGE CBC List No.: 1 Sl No.: 45