- 1 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 9104 OF 2026 (LA-BDA) BETWEEN: 1. SRI. R. SHIVAKUMAR S/O. RUDRA REDDY, AGED 42 YEARS, SITE NO.48, R/AT. NO.41/1, 6TH CROSS, SRIRAMPURAM, BENGALURU-560021. 2. SRI. V.SUBRAMANYAM, S/O. V.CHANDRASHEKHAR, AGED 57 YEARS, SITE NO.40 R/AT. 253, 5TH MAIN, GURURAJA LAYOUT, BEHIND VIDYAPEETA, THYAGARAJANAGAR POST, BENGALURU-560028. 3. SMT. SAROJAMMA, W/O. THIMMAIAH, AGED 55 YEARS, SITE NO. 12, R/AT.8, 3RD CROSS, ASHOKA NAGAR, BSK III STAGE, BENGALURU-560085. 4. SMT. BHARATHI.D W/O. L. DAMODAR, AGE 67 YEARS, SITE NO.22, R/AT.11, 7TH MAIN, PAPAIAH GARDEN, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 BSK 3RD STAGE, BENGALURU-560085 5. SRI. VENKATESH.G S/O. GURAPPA REDDY.K., AGE 51 YEARS, SITE NO.42, R/AT. NO.211, 5TH MAIN ROAD, 5TH CROSS, GURURAJA LAYOUT, KATTARIGUPPE, BENGALURU-560028. 6. SRI. D.N. NARASIMHA MURTHY, S/O. D.K. NARASHIMHAIAH, AGED 46 YEARS, SITE NO.32 R/AT.125, 15TH CROSS, VIDYAPETA CIRCLE, GANGAMMA LAYOUT, ASHOK NAGAR, BENGALURU-560050 …PETITIONERS (BY SRI. H.N. VASUDEVAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 2. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU -560 020 REPRESENTED BY ITS COMMISSIONER 3. THE ASSISTANT EXECUTIVE ENGINEER SUB-DIVISION-2, NADAPRABHU KEMPEGOWDA LAYOUT DIVISION BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, - 3 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 KUMARA PARK WEST, BENGALURU -560 020. 4. ADDITIONAL LAND ACQUISITION BENGALURU DEVELOPMENT AUTHORITY T. CHOWDIAIAH ROAD, KUMARA PARK WEST, BENGALURU -560 020. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. VASANTHA, ADVOCATE FOR RESPONDENT NOS.2 TO 4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING BDA/SAKNA(NKPL)/18/2025-26 DATED 13.03.2026 AT ANNEXURE-A ISSUED BY 3RD RESPONDENT 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 sought for a writ in the nature of certiorari to quash the notice bearing No.BDA/SAKNA(NKPL)/18/2025-26 dated 13.03.2026. They have also sought for a writ in the nature of mandamus to direct the respondents' authorities to consider the applications filed by petitioner Nos.1 to 3 at Annexures - H to H2 for allotment of an - 4 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 alternate site as per the judgment passed by this Court in W.A. No.1783/2014. 2. The petitioners claim to be the owners of the site bearing Nos.48, 40, 12, 22, 42 and 32 respectively formed in Sy. No.55/1 of Challghatta Village, Kengeri Hobli, Bengaluru South Taluk, which was notified for acquisition by respondent No.1 for formation of Nadaprabhu Kempegowda Layout. The petitioner Nos.1 to 3 filed applications (Annexures - H to H2) seeking allotment of alternate sites as per the judgment of the Division Bench of this Court in W.A.No.1783/2014 and connected appeals while petitioner Nos.4 to 6 are yet to file their applications. In the meanwhile, the respondent No.3 issued a notice dated 13.03.2026 to the petitioners to remove/demolish the construction put up on the aforesaid sites, failing which, the respondent No.2 would take steps to remove the construction. The petitioners are therefore before this Court seeking for the aforesaid reliefs. 3. The learned counsel for the petitioners submitted that the Division Bench of this Court in W.A.No.1783/2014 and connected appeals granted benefit to the site owners who have - 5 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 purchased the sites prior to the notification for formation of Nadaprabhu Kempegowda layout and that the petitioners have already approached respondent No.2 for allotment of alternate sites, but in the meanwhile, the respondent No.3 has issued the impugned notice informing the petitioners to remove/demolish the construction put up on their respective sites. He therefore prays that the notice issued by the respondent No.3 may be quashed and a direction be issued to the respondent No.2 to consider the case of the petitioners. 4. The learned counsel for respondents Nos.2, 3 and 4 does not dispute the fact that the petitioner Nos.1 to 3 have filed applications seeking allotment of alternate sites, pursuant to the judgment passed by the Division Bench of this Court in W.A. No.1783/2014 and connected appeals and petitioner Nos.4 to 6 are yet to file their applications. 5. In view of above, the petitioner Nos.1 to 3 are entitled for consideration of their applications for allotment of alternate sites. In the meanwhile, the respondent No.3 cannot overreach the proceedings by taking steps to demolish the construction, if any, that exists on the aforesaid sites. - 6 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 6. In that view of the matter, this petition is disposed of, the notice issued by respondent No.3, bearing No.BDA/SAKNA(NKPL)/18/2025-26 dated 13.03.2026 is quashed. Consequently, respondent No.2 is directed to consider the applications filed by the petitioner Nos.1 to 3 and also consider the case of petitioner Nos.4 to 6 who have not yet filed their applications for allotment of alternate sites, in the light of the judgment passed by the Division Bench of this Court in W.A.No.1783/2014 and connected writ appeals. The petitioner Nos.4 to 6 shall register themselves with the BDA and also file the prescribed application form seeking allotment of alternative sites. 7. The application of petitioner Nos.1 to 3 shall be considered within a period of three months from the date of receipt of a copy of this order. The respondent No.2 shall consider the application of petitioner Nos.4 to 6 within three months from the date of registering themselves and filing an application seeking alternative sites. If petitioner Nos.4 to 6 do not file the application then, respondent No.3 may proceed in accordance with law. The respondent No.2 shall place the - 7 - HC-KAR NC: 2026:KHC:33300 WP No. 9104 of 2026 request of all the petitioners before the committee headed by Hon'ble Justice B.A. Bopaiah former Judge of the High Court of Karnataka for consideration. Any delay in filing applications before the committee shall stand condoned in respect of the petitioners. It is needless to mention that the protection granted to the site owners in W.A.No.1783/2014 and connected appeals shall stand extended to the petitioners also, until their applications for allotment of an alternate site is considered. Sd/- (R. NATARAJ) JUDGE HJ List No.: 2 Sl No.: 2