- 1 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8389 OF 2026 (LA-BDA) BETWEEN: 1. DR SWAMY H L SON OF LAKSHMANA SHETTY H AGED ABOUT 62 YEARS, RESIDING AT NO.127, 'NERALU', 5TH CROSS, SSV GARDEN, SOMASHETTYHALLI, BENGALURU-560 090. … PETITIONER (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, NO. 20, T. CHOWDALAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. … RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1; SRI G. LAKSHMEESH RAO, ADVOCATE FOR R2 AND R3) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R3 TO CONSIDER AND DISPOSE OF THE REPRESENTATIONS DATED 15.10.2025 AND 20.11.2025 MADE BY THE PETITIONER TO THE R3 IN RESPECT OF THE WRIT PETITION SCHEDULE PROPERTY PRODUCED AND MARKED AS ANNEXURE-M AND M1 RESPECTIVELY TO THE WRIT PETITION WITHIN A LIMITED TIME FRAME AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of mandamus to direct the respondent No.3 to consider and dispose of the representations at Annexure-'M' dated 15.10.2025 and Annexure-'M1' dated 20.11.2025 and has also sought for a direction to the respondent No.3 to take note of the order of Apex Court accepting the 10th Report in terms of Annexure-'K' and direct the respondents to issue necessary Regularisation Certificate. 2. It is the case of the petitioner that the petitioner's request for regularisation was taken note of by the Committee headed by Justice A.V.Chandrashekar by - 3 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 its report as regards the buildings constructed between 26.11.2014 and 03.08.2018 at Somashettihalli. Copy of the extract of the report is enclosed at Annexure-'K'. 3. The petitioner submits that in terms of the recommendations of the Committee, an extent of 6220 sq. ft., was required to be regularized. 4. It is submitted that the Apex Court in its order in Misc. Application Nos.1614-1616/2019 at para-3 has observed as follows:- "3. This report also contains the buildings required to be regularized in terms of our order dated 03.12.2020 specified in Annexures L-0122 to L-0144. We direct the BDA to regularize the buildings specified in Annexures L-0122 to L-0144, which are made part and parcel of this order. We further direct the BDA not to acquire or take possession of the lands/buildings specified in Annexures L-0122 to L-0144 subject to the conditions indicated in our order dated 03.12.2020 and also para 7 of the Tenth Report. However, betterment tax may be levied at a later stage." - 4 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 5. It is submitted that while accepting the report of the Committee, observations have been made restricting Bangalore Development Authority [BDA] from acquiring the possession of land and buildings referred to at Annexures L-0122 to L-0144, subject to the conditions indicated in the order dated 03.12.2020. 6. It is submitted that despite such order passed and the petitioner's property to an extent of 6220 sq. ft., requiring to be regularized, the subsequent action of respondent-BDA is contrary to such direction. 7. It is submitted that the respondent-BDA while taking steps for regularisation though have issued the Regularisation Certificate at Annexures-'H' and 'J', however, regularisation of an extent of 6220 sq. ft., in Site Nos.127 and 128 has not been completed. 8. It is submitted that the representations at Annexures-'M' and 'M1' have been made, which are required to be considered keeping in mind the directions of - 5 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 the Apex Court as also the report of the Committee headed by Justice A.V.Chandrashekar pursuant to the orders of the Apex Court. 9. Sri G. Lakshmeesh Rao, learned counsel appearing for respondent Nos.2 and 3 submits that instructions are yet to be completed, however, the respondents would consider the representations of the petitioner at Annexures-'M' and 'M1' as per law. 10. As regards the narration of the facts made out, the facts including the contentions of petitioner are self-explanatory. All that could be stated is while disposing of the representations at Annexures-'M' and 'M1', the undisputed facts of recommendations of Committee in terms of Annexure-'K' at Sl.No.1235 as well as the order of the Apex Court in Misc. Application Nos.1614-1616/2019 at para-3 as extracted above are required to be kept in mind while passing any orders to consider Annexures-'M' and 'M1'. If the consideration - 6 - HC-KAR NC: 2026:KHC:19258 WP No. 8389 of 2026 would make out that the petitioner is to be granted relief as sought for, necessary action to be taken expeditiously. In the event, the respondent No.3 were to pass any order adverse to that as pleaded in the petition, needless to state that the petitioner is to be heard. All contentions are kept open. 11. Till such consideration by the respondent-BDA, the structures of the petitioner to an extent of 6220 sq. ft., as demarcated within the boundaries in the report at Annexure-'K' are not to be demolished. The BDA to complete the consideration within a period not later than twelve (12) weeks. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE VGR