- 1 - HC-KAR NC: 2026:KHC:14199 WP No. 7304 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 7304 OF 2026 (LB-RES) BETWEEN: 1. SMT. UMA BALAGAVI, W/O T.B. BALAGAVI, AGED ABOUT 65 YEARS, 2. SRI. SUNIL BALAGAVI, S/O T.B. BALAGAVI, AGED ABOUT 43 YEARS, BOTH ARE R/AT DOOR NO.120, 6TH MAIN ROAD, 2ND PHASE, K.H.B. COLONY, BENGALURU NORTH TALUK, BENGALURU - 560 079. &PETITIONERS (BY SRI. B.R. PRASANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, 4TH FLOOR, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU - 560 020. Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14199 WP No. 7304 of 2026 3. THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU - 560 020. 4. THE DEPUTY COMMISSIONER, LAND ACQUISITION, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU - 560 020. &RESPONDENTS (BY SRI. BOPPANNA BELLIAPPA, ADVOCATE FOR R1; SRI. VASANTHA, ADVCOATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 06.12.2025 IN NO.
ξ/ ¾ ݼ/PRL- 211/3341/2025-26 (E-161256) ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:14199 WP No. 7304 of 2026 ORAL ORDER The petitioners, on the ground that they are the owners of the lands which are the subject matter of the writ petition, made necessary applications to respondent No.2 - Bengaluru Development Authority (for short, 'the BDA') with a request to approve a layout plan. The same has been rejected on the ground that the lands in and around the lands of the petitioners are proposed to be acquired for the formation of a layout by the BDA (PRR-2 Layout-6). Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that the lands are yet to be acquired. It is further submitted that the respondent-authorities themselves are not certain as to whether the lands will be acquired or not, as the acquisition is only at the stage of proposal. Reliance is placed on the judgment of this Court passed in W.P.No.4217/2025 and W.P.No.35767/2025 wherein it has been held that it is the current and existing laws which - 4 - HC-KAR NC: 2026:KHC:14199 WP No. 7304 of 2026 have to be considered by the authorities concerned while sanctioning or rejecting a development plan. A proposed layout by the BDA cannot be a ground for rejection of a layout development plan submitted by the petitioners at the present time. 3. Learned counsel for the respondents are not in a position to contravene the aforementioned facts or the law laid down by this Court. 4. Hence, the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned order dated 06.12.2025 issued by respondent No.3 at Annexure-E to the writ petition is hereby set aside. iii. Respondent Nos.2 and 3 are directed to consider the request of the petitioners as per the existing laws and take an - 5 - HC-KAR NC: 2026:KHC:14199 WP No. 7304 of 2026 appropriate decision in accordance with law. iv. The decision shall be taken within a period of three (03) months from the date of receipt of certified copy of this order. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 9