IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH 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.

Digitally signed 2. MR. M YASHWANTH RAO by YASHODA K SON OF LATE VITTAL RAO L AGED ABOUT 39 YEARS Location: HIGH COURT OF AADHAR NO. 5472 7844 0223 KARNATAKA R/A NO.51, 1^ST MAIN ROAD, TEACHERS LAYOUT, BENGALURU - 560 097.

…PETITIONERS (BY SRI. ROHAN HOSMATH., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND 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:

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.

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:

"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 for