Karnataka High Court

Smt. Yellamanchele Vidhulatha Devi vs The State Of Karnataka on 16 September, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                               WP No. 24754 of 2025


             HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 16TH DAY OF SEPTEMBER, 2025

                                      BEFORE
                    THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                    WRIT PETITION NO. 24754 OF 2025 (LA-BDA)


             BETWEEN:

             1.    SMT. YELLAMANCHELE VIDHULATHA DEVI
                   W/O Y.LAKSHMI NARAYANA SAI KUMAR
                   AGED ABOUT 33 YEARS
                   R/A 47/1, 6TH MAIN, 4TH CROSS
                   MALLATHALLI
                   NEAR SURYA DEPARTMENTAL STORE
                   BENGALURU - 560 056.

             2.    PUSHPALATHA
                   W/O BALARAJ
                   AGED ABOUT 47 YEARS
                   R/AT 27, 2ND CROSS
Digitally          J.P.NAGAR, 7TH PHASE
signed by
NAGAVENI           8TH MAIN, PUTTENAHALLI
Location:          BENGALURU - 78.
HIGH COURT
OF
KARNATAKA
             3.    MANJULA
                   W/O MAHADEV
                   AGED ABOUT 42 YEARS
                   R/AT 51, 2ND CROSS
                   GAYATHRI LAYOUT
                   RAMASANDRA
                   SULKERE POST
                   KENGERI POST - 560 060.
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4.   UMESH
     S/O KRISHNAPPA
     R/AT 57, UDAYA LAYOUT
     MANAGANAHALLI
     BENGALURU NORTH - 560 060.

5.   BHUVANESHWARI
     W/O G. BHASKAR
     AGED ABOUT 58 YEARS,
     R/AT 367, 1ST CROSS,
     NEW BINNY LAYOUT,
     MAGADI LAYOUT - 560 023.

6.   G. BHASKAR
     S/O LATE GANESHAN
     AGED ABOUT 62 YEARS,
     R/AT 367, 1ST CROSS,
     NEW BINNY LAYOUT,
     MAGADI LAYOUT - 560 023.

7.   BIJU RAVIDAS
     S/O SHAMALI RAVI DAS
     AGED ABOUT 42 YEARS
     R/AT 108, 1ST MAIN ROAD,
     SRIRAMA LAYOUT,
     MANGANAHALLI - 560 056.

8.   KALYANI
     W/O MAHESH
     AGED ABOUT 47 YEARS
     R/AT 406, CHANDRA LAYOUT,
     ARUNDATHI NAGARA,
     BENGALURU - 560 039.
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9.   NAGESH S.,
     S/O LATE SIDDAIAH
     AGED ABOUT 48 YEARS,
     R/AT 17/1, PARK ROAD, 2ND CROSS
     TULASI THOTA, BENGALURU - 53.

10. SUDHAKAR
    S/O LATE NARAYANAPPA
    AGED ABOUT 46 YEARS,
    R/AT 384, 4TH CROSS,
    AZAD NAGAR,
    OPP. TO CHAMUNDESHWARI TEMPLE
    GAVIPURAM,
    BENGALURU - 19.

     PARVATHAMMA
     SINCE DEAD BY LR'S

11. LAKSHMI NARAYANAPPA
    AGED ABOUT 75 YEARS,
    R/AT 98, MANGANAHALLI,
    YESHWANTHPUR HOBLI,
    BENGALURU - NORTH - 56.

12. R.MANJUNATH
    S/O RAMA KOTI,
    AGED ABOUT 45 YEARS,
    R/AT 50, 3RD CROSS,
    CHIKKALSANDRA
    SIMHA BADAVANE
    BENGALURU - 61.

13. D.P.SHAMBULINGA
    S/O DIVANGATHA PUTTALINGAIAH
    AGED ABOUT 30 YEARS
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    R/AT 21, 1ST CROSS,
    VEERABADRASWAMY BADAVANE,
    KANNALLI
    BENGALURU - 91.

14. RAMMANNA S.,
    S/O SEENAPPA
    AGED ABOUT 70 YEARS,
    R/ AT 169, 13TH CROSS,
    GIRINAGARA 3RD PHASE,
    BENGALURU - 85.

15. AJAY B.R.,
    S/O RAMESH
    AGED ABOUT 30 YEARS,
    R/A 53/A, 3RD CROSS, 1ST MAIN ROAD,
    JANATHA COLONY,
    BENGALURU - 56.

16. THANUSHREE H.,
    D/O SHRI. S. HANUMANTHA NAIK
    AGED ABOUT 23 YEARS,
    R/AT KUDHAPURA LAMBANI HATTI
    KUDHAPURA, CHITTRADURGA - 577 536.

17. SMT. USHA P.,
    W/O CHANDRASHEKAR P.,
    AGED ABOUT 30 YEARS
    R/AT 93/83, 35TH MAIN ROAD,
    NEAR YELLAPPA GARDEN,
    BANSHANKARI 3RD STAGE,
    BENGALURU - 85.

18. SMT. SHARADHA
    W/O B.JAYRAM
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     AGED ABOUT 42 YEARS,
     R/AT 106, 4TH MAIN ROAD,
     CHAMARAJAPETE, BENGALURU - 18.

19. SMT.ANUSHA S.,
    D/O SHRIDHAR R.,
    AGED ABOUT 21 YEARS
    R/AT K38, T.D LANE,
    COTTONPETE,
    BENGALURU - 53.

20. V.KUMAR
    D/O SRI VAJRA VELU,
    AGED ABOUT 45 YEARS,
    R/A NO.26, FLOWER GARDEN,
    2ND MAIN ROAD, K.P.AGRAHARA,
    MAGADI ROAD,
    BENGALURU - 560 023.
                                           ...PETITIONERS
(BY SRI C.N.ASHWATHANARAYANA, SR.ADVOCATE FOR
    SRI SUDHINDRA S.A., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     REVENUE DEPARTMENT
     M.S.BUILDING
     BENGALURU - 560 001.

2.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY
     T.CHOWDAIAH ROAD
     BENGALURU - 20.
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3.   THE EXECUTIVE ENGINEER
     BANGALORE DEVELOPMENT AUTHORITY
     T.CHOWDAIAH ROAD
     BENGALURU - 20.

4.   THE ASST. EXECUTIVE ENGINEER
     BANGALORE DEVELOPMENT AUTHORITY
     T.CHOWDAIAH ROAD
     BENGALURU - 20.

5.   THE SPECIAL LAND ACQUISITION OFFICER
     BANGALORE DEVELOPMENT AUTHORITY
     T.CHOWDAIAH ROAD
     BENGALURU - 20.

6.   THE SPECIAL TASK FORCE
     BANGALORE DEVELOPMENT AUTHORITY
     T.CHOWDAIAH ROAD
     BENGALURU - 20.
                                          ...RESPONDENTS
(BY SRI M.RAJAKUMAR, AGA FOR R-1;
    SRI M.AJAY KUMAR, ADVOCATE FOR R-2 TO R-6)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I)
DIRECTING THE 2ND RESPONDENT BDA AUTHORITIES TO
CONSIDER    THE      REPRESENTATIONS   GIVEN     BY   THE
PETITIONERS VIDE ANNEXURES PIJ, P2H, P3H, P4G, P5H, P6H,
P7F, P8B, P9AG, P9BE, P9CE, P9DB, P10C, P11J, P12B, P13B,
P14H, P15H, P16F, P17D, P18B, P19F AND P20B; (II) ISSUE A
DIRECTION DIRECTING THE 2ND RESPONDENT BDA AUTHORITY
TO   COLLECT   THE    BETTERMENT   CHARGES     FROM   THE
PETITIONERS IN PURSUANCE OF THE RESOLUTION DATED
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18.04.2017 PASSED BY THE BDA AUTHORITY AS PER THE
JUDGMENT OF THIS HON'BLE COURT IN W.P NO. 32322/2024
AND CONNECTED MATTERS FOLLOWING THE JUDGMENT OF
THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A NO.
1783/2014.;

        THIS   PETITION,     COMING       ON      FOR   PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR. JUSTICE M.NAGAPRASANNA


                           ORAL ORDER

Petitioners are before this Court seeking a direction to the

2nd respondent/Bangalore Development Authority to consider

the representations given by them and also for a direction to

collect the betterment charges in pursuance of the resolution

dated 18-04-2017 passed by the 2nd respondent/BDA.

2. Heard the learned Senior Counsel Sri C N

Ashwathanarayana appearing for petitioners, learned Additional

Government Advocate appearing for respondent No.1 and

Sri M Ajay Kumar, learned counsel appearing for respondents 2

to 6.

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3. The learned Senior Counsel for petitioners submits that

the petitioners are similarly situate with that of the appellants

who were before the Division Bench in W.A.No.1783/2014

and connected cases, disposed on 22-02-2024.

4. The Division Bench in W.A.No.1783/2014 and

connected matters, disposed on 22-02-2024 in the case of

BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS.

SRI.R.SHANKARAN & ANOTHER has held as follows:

"ORDER

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;

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)

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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 / 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;

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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 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.

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.

No costs."

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5. In the light of the afore-quoted directions, I deem it

appropriate to direct the BDA to consider the representation of

the petitioners already submitted, as is directed by the Division

Bench in the judgment quoted supra, within the time frame

fixed by the Division Bench, which would run from the date of

receipt of a copy of this order. However, till the consideration

of the representation, no precipitative action shall be taken