- 1 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23596 OF 2026 (LA-BDA) BETWEEN: SRI. MUNAF KHAN S/O. BASHEER KHAN AGED ABOUT 53 YEARS HAVING ADDRESS AT NO.38, B.K.NAGARA, 1ST MAIN ROAD, DHANALAXMI S ELITE, YESHWANTHAPUR, BENGALURU-560 022. …PETITIONER (BY SRI. VARUN JOSHI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. M/S. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. B.S.SACHIN, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS SUBMITTED BY PETITIONER TO THE RESPONDENT NO.2 DATED 18.07.2026 AT ANNEXURE - A AND A1 OR IN THE ALTERNATIVE DECLARE THAT THE ENTIRE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE B PROPERTIES IS ABANDONED / LAPSED IN VIEW SECTION 27 OF THE BDA ACT, 1976 WITH RESPECT TO THE PRELIMINARY NOTIFICATION DATED 21.05.2008 BEARING NO. BDA/COMMR/DC(LA)/ALAO/158/2008-09 ISSUED BY THE RESPONDENT NO.2 THE FINAL NOTIFICATION DATED 18.02.2010 BEARING NO.UDD 51 MNX 2010, GAZETTE DATED 18.02.2010 AT ANNEXURE-K AND L ISSUED BY RESPONDENT NO.2 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 petitioner has sought for a writ in the nature of mandamus to consider his representations dated 16.07.2026 for reconveyance of the sites bearing Nos.1061 and 1068 formed in Sy.No.8, assessment No.8 situate at Manganahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk under - 3 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 Section 38C of the Bengaluru Development Authority Act, 1976 (henceforth referred to as 'BDA Act' for short) and to direct respondents Nos.2 and 3 not to dispossess him from the aforesaid sites. 2. (i) The petitioner claims that he purchased two sites measuring 30 x 40 feet and 20 x 30 feet respectively formed in Sy.No.8 of Manganahalli village, Yeshwanthapura Hobli, Bengaluru North Taluk. The land in Sy.No.8 of Manganahalli Village was proposed for acquisition for the formation of Sri. Nadaprabhu Kempegowda Layout under a preliminary notification dated 21.05.2008, followed by a final notification dated 18.02.2010. He contended that after purchasing the sites in the aforesaid survey number, he constructed a building and is residing therein along with his family members. He therefore submitted representations to delete the aforesaid land from acquisition. (ii) He contends that he approached respondent No.2 requesting reconveyance of the sites after collecting the betterment charges, which were of no avail. He therefore submitted representations dated 16.07.2026 requesting - 4 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 respondent No.2 to de-notify the said sites from acquisition after collecting betterment charges or to reconvey the sites, for whcih he was ready and willing to pay such charges as may be levied. The petitioner claims that the said representations is not yet considered and is therefore before this Court seeking the reliefs mentioned above. 3. The learned counsel for the petitioner reiterated the aforesaid contentions and submitted that the acquisition of land for formation of Sri. Nadaprabhu Kempegowda layout was upheld by the Division Bench of this Court in W.A.No.1783/2014 and connected appeals, in terms of which, relief was given to the owners of sites who had purchased the properties prior to the acquisition in the following manner: "(i) The above appeals filed by the BDA are allowed; ii) The order dated 11.7.2014 passed by the learned Single Judge in WP No.32186/2010 and other connected writ petitions is set aside. The orders passed in writ petitions which are decided placing reliance on the order dated 11.7.2014 passed in WP No.32186/2010 and other connected writ petitions are also set aside; - 5 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 iii) The preliminary notification bearing No.BDA/ COMMR/DC(LA)/ALAO/158/2008-2009, Bangalore, dated 21.5.2008 and the final notification bearing No. UDD 51 MNX 2010, Bangalore, dated 18.2.2010 issued for acquisition of lands for the formation of the “Nadaprabhu Kempegowda Layout” are upheld subject to the following conditions: a) With regard to the land owners (excluding the site owners): i) All the land owners/writ petitioners who are seeking for dropping of their lands from acquisition on the ground that their lands are (1) nursery lands; (2) situated within green belt; (3) totally built up; (4) that the buildings are constructed by religious/charitable educational institutions; (5) that similar adjoining lands have been either left out from acquisition or de-notified, are permitted to make an application to the BDA seeking for dropping of their lands from acquisition by producing all such material that they deem fit/necessary in support of their applications within 3 months from today; (ii) The BDA shall consider each of the said application/s keeping in mind the status of the lands as on the date of the preliminary notification and without taking into consideration any developments / - 6 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 improvements / constructions made subsequent to the preliminary notification; iii) The BDA shall complete the exercise of considering the applications of the writ petitioners and deciding on the same within an outer limit of six months from today; iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision; v) If the BDA is of the opinion that the acquisition will have to be proceeded with, the BDA is at liberty to proceed further in accordance with law; b) Insofar as the site owners who have not made an application as contemplated in para (iii)(a) hereinabove: i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today by paying the registration fee. However, payment of initial deposit by them is exempted. The necessary documents along with the said applications are also to be filed to enable the BDA to verify the same; ii) The BDA shall treat the applicants as being entitled for priority allotment and allot each of them a site measuring 30x40 feet in the - 7 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 Nadaprabhu Kempegowda Layout at the prevailing allotment prices subject to the applicants satisfying the dual requirements of allotment under the Rules that they must be the residents of Bengaluru (for 10 years) and should not be owning any residential property in Bengaluru; iii) In case the applicants/writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989; c) Insofar as the owners of residential sites who form part of a layout and who have sought for dropping their lands from acquisition in accordance with para (iii)(a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have first filed applications pursuant to para (iii)(a) hereinabove, shall be entitled to a further period of one month after the decision as contemplated therein is intimated to opt to and apply in the manner as contemplated in para (iii)(b) hereinabove. - 8 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 iv) Till the aforesaid exercise directed to be undertaken by the BDA and the applications filed by the writ petitioners, either for allotment of sites or for dropping of the lands from acquisition are considered, their possession shall not be disturbed and the existing construction shall not be demolished. v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of." He therefore submits that the petitioner is entitled to be considered on par. 4. The learned counsel for respondent Nos.2 and 3 submitted that if the petitioner is entitled to the reliefs granted by the Division bench of this Court in the case referred supra, respondent No.2 would consider the same in accordance with law. He further submits that as per the judgment of the Division Bench, the petitioner is bound to first register himself for allotment of sites and thereafter the respondent No.2 would consider her request. 5. In view of the aforesaid submission and taking note of the judgment of the Division Bench referred supra, this writ - 9 - HC-KAR CNR: KAHC010518552026 NC: 2026:KHC:40163 WP No. 23596 of 2026 petition is allowed. The petitioner is directed to register himself under the BDA (Allotment of Sites) Rules, 1984 ("Rules, 1984" for short) within one month by paying the registration fee. The petitioner is however exempted from payment of initial deposit. Along with the application, he shall submit all his documents of title and other documents to establish his title. 6. After the petitioner registers under the Rules, 1984, the respondent No.2 shall consider his request in accordance with law and in terms of the judgment of the Division Bench of this Court in W.A.No.1783/2014 and connected appeals. The respondent No.2 shall consider the application, within a period of two months from the date of receipt of a copy of this order. 7. Until such consideration, respondent Nos.2 and 3 shall not disturb the possession of the petitioner in the sites bearing Nos.1061 and 1068 measuring 30 x 40 feet and 20 x 30 feet respectively formed in Sy.No.8 of Manganahalli, Yeshwanthpura Hobli, Bangalore North Taluk. Sd/- (R. NATARAJ) JUDGE HJ/List No.: 1 Sl No.: 14