Full Judgment Text
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WP No. 29333 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE R DEVDAS
AND
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 29333 OF 2025 (LA-BDA)
BETWEEN:
1. MRS LATHA RAO
DAUGHTER OF LATE VITTAL RAO
WIFE OF MR. SANJIV SHARAN,
AGED 40 YEARS
AADHAR NO. 9893 1373 7747
TOWER-2, FLAT NO. 1104,
GODREJ BOULEVARD, MANJARI KHURD,
PUNE, MAHARASHTRA-412 307.
2. MR. M YASHWANTH RAO
SON OF LATE VITTAL RAO
AGED ABOUT 39 YEARS
AADHAR NO. 5472 7844 0223
ST
R/A NO.51, 1 MAIN ROAD,
TEACHERS LAYOUT,
BENGALURU - 560 097.
…PETITIONERS
(BY SRI. ROHAN HOSMATH., ADVOCATE)
Digitally signed
by YASHODA K
L
Location: HIGH
COURT OF
KARNATAKA
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF HOUSING AND
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HC-KAR
URBAN DEVELOPMENT
VIDHANA SOUDHA
REPRESENTED BY ITS SECRETARY
2. BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDIAH ROAD,
BENGALURU-560 020
REPRESENTED BY ITS COMMISSIONER
3. SPECIAL LAND ACQUISITION OFFICER
DR. K SHIVARAM KARANTH LAYOUT
OFFICE OF BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDIAH ROAD,
BENGALURU - 560 020.
…RESPONDENTS
(BY SRI. M.RAJAKUMAR., AGA FOR R1
SRI. SHIVAPRASAD.M.SHANTANAGOUDAR., ADVOCATE
FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT, ORDER
OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING
THE NOTIFICATION DATED 30/10/2008 GAZETTED ON
1/12/2008 BEARING NO. BDA/COMMR/DC(LA)/SLAO/A5/
PR/283/2008-2009 ISSUED BY RESPONDENT NO.2 INSOFAR
AS THE SCHEDULE PROPERTY PRODUCED AT ANNEXURE-D
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE R DEVDAS
and
HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court seeking the
following prayers:
“(a) Issue a writ, order or direction in the
nature of certiorari quashing the
notification dated 30.10.2008 gazetted on
31.12.2008 bearing No.BDA/COMMR/DC
(LA)/SLAO//A5/PR/283/2008-2009 issued
by Respondent No.2 insofar as the
schedule property produced at Annexure-
D;
(b) Issue a writ, order or direction in the
nature of certiorari quashing the
notification dated 30.10.2018 gazetted on
01.11.2018 bearing No.UDD/553/MNX/
2018, Bengaluru issued by Respondent
No.1 insofar as the schedule property
produced at Annexure-E;
(c) Issue a writ, order or direction to
Respondent No.2 to regularize the
schedule property;
(d) Issue any other writ, order or directions as
may be necessary in the interest of justice
and equity.
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2. Heard Sri.Rohan Hosmath, learned counsel
appearing for the petitioners, Sri.M.Rajakumar, learned
Additional Government Advocate appearing for respondent
– State, Sri.Shivaprasad M. Shantanagoudar, learned
counsel appearing for respondents – Bangalore
Development Authority and have perused the material on
record.
3. Learned counsel appearing for the petitioner
would take this Court through the documents appended to
the petition to submit that the applications are preferred
before Justice Bopaiah Committee and the said Committee
is yet to consider the same and pass necessary orders.
The impediment that the counsel for the petitioners
projects is that the Committee was not empowered to
consider the representation qua the constructions.
4. In W.P.No.19643/2024, the Co-ordinate Bench
of this Court, of which one of us was a part, passed the
following order:
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"4. The Apex Court, in its order dated
05-05-2021, answering Miscellaneous
Application Nos.1614-1616 of 2019 notices the
affidavit filed by the BDA in respect of previous
layouts formed by the BDA in which purchasers
of revenue sites in those layouts have been
permitted to apply for allotment of sites
measuring 30x40’. The Apex Court observes as
follows:
“…. …. ….
(4) In our Order dated 18.03.2021, we had
observed as under:
"It appears that certain persons
belonging to poor and middle-income
groups have purchased house sites from
the land owners whose lands have been
notified for the acquisition for the
formation of the lay-out in question, prior
to the date of the judgment dated
03.08.2018. We are of the view that their
grievances also require to be redressed.
we are informed that similar grievances of
the purchasers of the sites in other
layouts formed by the Bangalore
Development Authority have been
redressed by the Bangalore Development
Authority. The Commissioner, Bangalore
Development Authority, is directed to
place on record the mode and manner of
redressal of the grievances of such site-
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holders adopted by the Bangalore
Development Authority in the previously
formed lay-outs within a period of four
weeks from today."
(5) In compliance of the above order, the
Commissioner, Bangalore Development
Authority (B.D.A.), has filed an affidavit dated
12.04.2021 stating that in respect of the
previous lay-outs formed by the B.D.A. such as
Anjanapura Layout, sir M. Vishweshwaraiah
th
Layout, Banashankari 6 Stage layout, the
purchasers of the revenue sites in those lay-
outs have been permitted to apply for allotment
of sites measuring 30 ft. x 40 ft. even though
the sites purchased by them are bigger in
dimension. The affidavit also indicates the other
conditions based on which the sites were
allotted to the revenue site holders.
(6) In consideration of the above, we are
of the view that the purchasers of sites in Dr.
Shivaram Karanth Layout are entitled for
allotment of sites provided that their purchase
of such sites is prior to the date of the judgment
i.e. 03.08.2018.
(7) The purchasers of the sites in Dr.
Shivaram Karanth Layout are permitted to get
themselves registered in the B.D.A. as
applicants for allotment of sites under the
Bangalore Development Authority (Allotment of
Sites) Rules, 1984 ("B.D.A. Allotment of Site
Rules") within 4 months from today.
(8) These purchasers should not he owning
any other residential property in Bangalore and
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surrounding vicinity. They shall be bound by all
the other terms and conditions for allotment of
sites as per the B.D.A. Allotment of Site Rules.
(9) The General Power of Attorney holders
and persons having an Agreement to Sell are
not entitled for allotment of the sites.
(10) Purchasers of sites, through
registered sale deeds, prior to 03.08.2018, are
alone entitled for allotment of sites as per this
order.
(11) The B.D.A. shall calculate the
compensation payable to the applicants in
respect of their acquired sites and give credit
accordingly by adjusting the same towards the
allotment price for the sites to be allotted and
call upon the applicants to pay the balance, if
any.
(12) The allotment of sites is restricted to
sites measuring 30 ft. x40 ft. being the
maximum extent irrespective of the
measurement of their sites that have been
acquired by the B.D.A.
(13) The applicants have to withdraw the
cases filed by them, if any, challenging the
acquisition of their lands, before filing an
application with the B.D.A. in terms of this order
(14) The purchasers of the sites are
permitted to apply for allotment of sites to the
B.D.A. along with self-certified photocopy of the
title deeds on or before 17.09.2021. It is
clarified that they need not pay the initial
deposit. The documents submitted by the
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applicants along with their applications for
allotment of sites in terms of this order shall be
referred by the Commissioner, B.D.A., to a
committee of retired District Judges comprising
of a Chairman and two Members. The
Committee so appointed shall examine the title
deed of the applicants and submit a report as to
the ownership of the sites to the Commissioner,
B.D.A. The rival claim(s), if any, shall also be
decided by the committee. The B.D.A. would
allot sites only to those applicants who are duly
certified by this Committee as the owners,
subject to their satisfying other conditions of
this order.”
The Apex Court, in terms of the aforesaid order,
directed constitution of a Committee to go in the
issue of revenue site holders. In furtherance of the
direction so issued, Bopaiah Committee is
constituted to specifically go into the issue of the
revenue site holders and their respective claim.
5. In the light of the direction by the Apex
Court as quoted supra , and the constitution of the
Bopaiah Committee, the petitioners will have to be
relegated to appear before the Committee, as in
terms of the said order, it is for the Committee to
decide the grievance of the petitioners and answer
the same. In that light, we are of the considered
view that this petition could be disposed, with a
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direction to the Committee to consider the grievance
of the petitioners – revenue site holder and redress
the same.
6. The learned counsel for the Bangalore
Development Authority submits that several
applications are pending before the Committee and
there are several applications to be placed before the
Committee, they could be of the notification of the
year 2018 or 2022. In that light, we deem it
appropriate to direct the Bangalore Development
Authority to consider the grievances of those
persons i.e., the revenue site holders, by the
Committee, notwithstanding the fact that they are
petitioners before the Court or otherwise. It is also
necessary for the Bangalore Development Authority
to notify that the Committee is taking up the
applications of the revenue site holders by giving
adequate publicity.
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7. The learned counsel appearing for the
petitioners submits that there are constructions put
up in the property. Therefore, specific direction may
be issued to the Committee while assessing the
claim of the revenue site holders, to also look into
the fact whether there are constructions put up in
the property and pass necessary orders.
8. In the light of the aforesaid reasons, the
following:
ORDER
(a) The petition stands disposed.
(b) The petitioners are relegated to appear
before the Committee qua his grievances.
(c) The grievance of the petitioners also shall
bear consideration at the hands of the
Committee like all the other applications
that would bear consideration, as observed
hereinabove.
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(d) The Committee while assessing the claim
of the revenue site holders shall also look
into the fact whether there are
constructions put up in the property and
pass necessary opinion in accordance with
law.
(e) Till the Committee decides on the
applications of the respective applicants,
status quo, qua the property, be
maintained by the parties.
Ordered accordingly."
5. In the light of the order passed by this Court in
W.P.No.19643/2024, Justice Bopaiah Committee is now
empowered to go into the validity of the constructions that
are subsisting in the subject land. The said Committee is
empowered to go into all the details with regard to the
application so submitted. In that light, the Committee shall
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now look into the representation and pass necessary
orders within an outer limit of eight weeks from the date
of receipt of copy of the order, if not earlier.
Writ Petition is disposed .
Till Justice Bopaiah Committee would consider the
representation as we have directed, status quo qua the
property be maintained by the parties.
Sd/-
(R DEVDAS)
JUDGE
Sd/-
(M.NAGAPRASANNA)
JUDGE
KLY
CT: JL
NC: 2026:KHC:15147-DB
WP No. 29333 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE R DEVDAS
AND
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 29333 OF 2025 (LA-BDA)
BETWEEN:
1. MRS LATHA RAO
DAUGHTER OF LATE VITTAL RAO
WIFE OF MR. SANJIV SHARAN,
AGED 40 YEARS
AADHAR NO. 9893 1373 7747
TOWER-2, FLAT NO. 1104,
GODREJ BOULEVARD, MANJARI KHURD,
PUNE, MAHARASHTRA-412 307.
2. MR. M YASHWANTH RAO
SON OF LATE VITTAL RAO
AGED ABOUT 39 YEARS
AADHAR NO. 5472 7844 0223
ST
R/A NO.51, 1 MAIN ROAD,
TEACHERS LAYOUT,
BENGALURU - 560 097.
…PETITIONERS
(BY SRI. ROHAN HOSMATH., ADVOCATE)
Digitally signed
by YASHODA K
L
Location: HIGH
COURT OF
KARNATAKA
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF HOUSING AND
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HC-KAR
URBAN DEVELOPMENT
VIDHANA SOUDHA
REPRESENTED BY ITS SECRETARY
2. BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDIAH ROAD,
BENGALURU-560 020
REPRESENTED BY ITS COMMISSIONER
3. SPECIAL LAND ACQUISITION OFFICER
DR. K SHIVARAM KARANTH LAYOUT
OFFICE OF BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDIAH ROAD,
BENGALURU - 560 020.
…RESPONDENTS
(BY SRI. M.RAJAKUMAR., AGA FOR R1
SRI. SHIVAPRASAD.M.SHANTANAGOUDAR., ADVOCATE
FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT, ORDER
OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING
THE NOTIFICATION DATED 30/10/2008 GAZETTED ON
1/12/2008 BEARING NO. BDA/COMMR/DC(LA)/SLAO/A5/
PR/283/2008-2009 ISSUED BY RESPONDENT NO.2 INSOFAR
AS THE SCHEDULE PROPERTY PRODUCED AT ANNEXURE-D
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 29333 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE R DEVDAS
and
HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court seeking the
following prayers:
“(a) Issue a writ, order or direction in the
nature of certiorari quashing the
notification dated 30.10.2008 gazetted on
31.12.2008 bearing No.BDA/COMMR/DC
(LA)/SLAO//A5/PR/283/2008-2009 issued
by Respondent No.2 insofar as the
schedule property produced at Annexure-
D;
(b) Issue a writ, order or direction in the
nature of certiorari quashing the
notification dated 30.10.2018 gazetted on
01.11.2018 bearing No.UDD/553/MNX/
2018, Bengaluru issued by Respondent
No.1 insofar as the schedule property
produced at Annexure-E;
(c) Issue a writ, order or direction to
Respondent No.2 to regularize the
schedule property;
(d) Issue any other writ, order or directions as
may be necessary in the interest of justice
and equity.
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2. Heard Sri.Rohan Hosmath, learned counsel
appearing for the petitioners, Sri.M.Rajakumar, learned
Additional Government Advocate appearing for respondent
– State, Sri.Shivaprasad M. Shantanagoudar, learned
counsel appearing for respondents – Bangalore
Development Authority and have perused the material on
record.
3. Learned counsel appearing for the petitioner
would take this Court through the documents appended to
the petition to submit that the applications are preferred
before Justice Bopaiah Committee and the said Committee
is yet to consider the same and pass necessary orders.
The impediment that the counsel for the petitioners
projects is that the Committee was not empowered to
consider the representation qua the constructions.
4. In W.P.No.19643/2024, the Co-ordinate Bench
of this Court, of which one of us was a part, passed the
following order:
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"4. The Apex Court, in its order dated
05-05-2021, answering Miscellaneous
Application Nos.1614-1616 of 2019 notices the
affidavit filed by the BDA in respect of previous
layouts formed by the BDA in which purchasers
of revenue sites in those layouts have been
permitted to apply for allotment of sites
measuring 30x40’. The Apex Court observes as
follows:
“…. …. ….
(4) In our Order dated 18.03.2021, we had
observed as under:
"It appears that certain persons
belonging to poor and middle-income
groups have purchased house sites from
the land owners whose lands have been
notified for the acquisition for the
formation of the lay-out in question, prior
to the date of the judgment dated
03.08.2018. We are of the view that their
grievances also require to be redressed.
we are informed that similar grievances of
the purchasers of the sites in other
layouts formed by the Bangalore
Development Authority have been
redressed by the Bangalore Development
Authority. The Commissioner, Bangalore
Development Authority, is directed to
place on record the mode and manner of
redressal of the grievances of such site-
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holders adopted by the Bangalore
Development Authority in the previously
formed lay-outs within a period of four
weeks from today."
(5) In compliance of the above order, the
Commissioner, Bangalore Development
Authority (B.D.A.), has filed an affidavit dated
12.04.2021 stating that in respect of the
previous lay-outs formed by the B.D.A. such as
Anjanapura Layout, sir M. Vishweshwaraiah
th
Layout, Banashankari 6 Stage layout, the
purchasers of the revenue sites in those lay-
outs have been permitted to apply for allotment
of sites measuring 30 ft. x 40 ft. even though
the sites purchased by them are bigger in
dimension. The affidavit also indicates the other
conditions based on which the sites were
allotted to the revenue site holders.
(6) In consideration of the above, we are
of the view that the purchasers of sites in Dr.
Shivaram Karanth Layout are entitled for
allotment of sites provided that their purchase
of such sites is prior to the date of the judgment
i.e. 03.08.2018.
(7) The purchasers of the sites in Dr.
Shivaram Karanth Layout are permitted to get
themselves registered in the B.D.A. as
applicants for allotment of sites under the
Bangalore Development Authority (Allotment of
Sites) Rules, 1984 ("B.D.A. Allotment of Site
Rules") within 4 months from today.
(8) These purchasers should not he owning
any other residential property in Bangalore and
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surrounding vicinity. They shall be bound by all
the other terms and conditions for allotment of
sites as per the B.D.A. Allotment of Site Rules.
(9) The General Power of Attorney holders
and persons having an Agreement to Sell are
not entitled for allotment of the sites.
(10) Purchasers of sites, through
registered sale deeds, prior to 03.08.2018, are
alone entitled for allotment of sites as per this
order.
(11) The B.D.A. shall calculate the
compensation payable to the applicants in
respect of their acquired sites and give credit
accordingly by adjusting the same towards the
allotment price for the sites to be allotted and
call upon the applicants to pay the balance, if
any.
(12) The allotment of sites is restricted to
sites measuring 30 ft. x40 ft. being the
maximum extent irrespective of the
measurement of their sites that have been
acquired by the B.D.A.
(13) The applicants have to withdraw the
cases filed by them, if any, challenging the
acquisition of their lands, before filing an
application with the B.D.A. in terms of this order
(14) The purchasers of the sites are
permitted to apply for allotment of sites to the
B.D.A. along with self-certified photocopy of the
title deeds on or before 17.09.2021. It is
clarified that they need not pay the initial
deposit. The documents submitted by the
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applicants along with their applications for
allotment of sites in terms of this order shall be
referred by the Commissioner, B.D.A., to a
committee of retired District Judges comprising
of a Chairman and two Members. The
Committee so appointed shall examine the title
deed of the applicants and submit a report as to
the ownership of the sites to the Commissioner,
B.D.A. The rival claim(s), if any, shall also be
decided by the committee. The B.D.A. would
allot sites only to those applicants who are duly
certified by this Committee as the owners,
subject to their satisfying other conditions of
this order.”
The Apex Court, in terms of the aforesaid order,
directed constitution of a Committee to go in the
issue of revenue site holders. In furtherance of the
direction so issued, Bopaiah Committee is
constituted to specifically go into the issue of the
revenue site holders and their respective claim.
5. In the light of the direction by the Apex
Court as quoted supra , and the constitution of the
Bopaiah Committee, the petitioners will have to be
relegated to appear before the Committee, as in
terms of the said order, it is for the Committee to
decide the grievance of the petitioners and answer
the same. In that light, we are of the considered
view that this petition could be disposed, with a
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direction to the Committee to consider the grievance
of the petitioners – revenue site holder and redress
the same.
6. The learned counsel for the Bangalore
Development Authority submits that several
applications are pending before the Committee and
there are several applications to be placed before the
Committee, they could be of the notification of the
year 2018 or 2022. In that light, we deem it
appropriate to direct the Bangalore Development
Authority to consider the grievances of those
persons i.e., the revenue site holders, by the
Committee, notwithstanding the fact that they are
petitioners before the Court or otherwise. It is also
necessary for the Bangalore Development Authority
to notify that the Committee is taking up the
applications of the revenue site holders by giving
adequate publicity.
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7. The learned counsel appearing for the
petitioners submits that there are constructions put
up in the property. Therefore, specific direction may
be issued to the Committee while assessing the
claim of the revenue site holders, to also look into
the fact whether there are constructions put up in
the property and pass necessary orders.
8. In the light of the aforesaid reasons, the
following:
ORDER
(a) The petition stands disposed.
(b) The petitioners are relegated to appear
before the Committee qua his grievances.
(c) The grievance of the petitioners also shall
bear consideration at the hands of the
Committee like all the other applications
that would bear consideration, as observed
hereinabove.
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(d) The Committee while assessing the claim
of the revenue site holders shall also look
into the fact whether there are
constructions put up in the property and
pass necessary opinion in accordance with
law.
(e) Till the Committee decides on the
applications of the respective applicants,
status quo, qua the property, be
maintained by the parties.
Ordered accordingly."
5. In the light of the order passed by this Court in
W.P.No.19643/2024, Justice Bopaiah Committee is now
empowered to go into the validity of the constructions that
are subsisting in the subject land. The said Committee is
empowered to go into all the details with regard to the
application so submitted. In that light, the Committee shall
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now look into the representation and pass necessary
orders within an outer limit of eight weeks from the date
of receipt of copy of the order, if not earlier.
Writ Petition is disposed .
Till Justice Bopaiah Committee would consider the
representation as we have directed, status quo qua the
property be maintained by the parties.
Sd/-
(R DEVDAS)
JUDGE
Sd/-
(M.NAGAPRASANNA)
JUDGE
KLY
CT: JL