Karnataka High Court
Smt Manjula J vs The Secretary on 15 December, 2025
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NC: 2025:KHC:53839
WP No. 26287 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.26287 OF 2025 (LA-BDA)
BETWEEN:
SMT. MANJULA .J
W/O LATE J.C. JAGADEESHA,
AGED ABOUT 60 YEARS,
R/AT #84, NEAR GOVT. SCHOOL ROAD,
OPP. TO WATER TANK, 68/10 JAKKUR,
BENGALURU NORTH-560 064. ...PETITIONER
(BY SRI RAGHUNANDAN K.S., ADVOCATE FOR
SMT. VACHANA N.V., ADVOCATE)
AND:
1. THE SECRETARY,
JUSTICE K.N. KESHAVANARAYANA COMMITTEE,
(ARKAVATHI LAYOUT)
KRUSHI BHAVAN, HUDSON CIRCLE,
Digitally signed by BENGALURU-560009.
MAHALAKSHMI B M
Location: HIGH (R-1 IS DELETED VIDE COURT
COURT OF ORDER DATED 31.10.2025)
KARNATAKA
2. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY (BDA),
SANKEY ROAD, KUMARA PARK WEST,
BENGALURU-560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER,
BENGALURU DEVELOPMENT AUTHORITY (BDA),
SANKEY ROAD, KUMARA PARK WEST,
BENGALURU-560 020. ...RESPONDENTS
(BY SRI VASANTH, ADVOCATE FOR R-2 & R-3;
R-1 IS DELETED VIDE ORDER DATED 31.10.2025)
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NC: 2025:KHC:53839
WP No. 26287 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR
DIRECTION, TO COMPEL RESPONDENT NO.1, THE HONBLE JUSTICE
K.N.KESHAVANARAYANA COMMITTEE, TO ACCEPT THE PETITIONERS
DETAILED REPRESENTATION DATED 14.06.2025 AS APPENDED AT
ANNEXURE-K REGARDING THE EXCLUSION OF HER HOUSE
PROPERTY MUNICIPAL NO.27/27 IN SURVEY NO.68/10 MEASURING
ONE AND HALF GUNTAS, SITUATED AT JAKKUR VILLAGE,
YELAHANKA TALUK, BENGALURU FROM THE LAND ACQUISITION
PROCESS, AND TO CONSIDER THE SAME ON ITS MERITS IN
ACCORDANCE WITH LAW BY HOLDING AN ENQUIRY AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The grievance of the petitioner is with regard to the the non-consideration of her representation dated 14.06.2025 (Annexure-K) sent through post to the committee headed by Hon'ble Justice K.N. Keshavanarayana, constituted to consider the issues regarding allotment and deletion of lands acquired for formation of Arkavathi Layout by the Bangalore -3- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR Development Authority (BDA), pursuant to the directions issued in the case of K.P. Anjanappa Vs. State of Karnataka and others1 (K.P. Anjanappa) with the following directions:
"ORDER
(i) The challenge made to the Notifications Nos.
BDA/COMMR, KLAO/LA9/104/2002-03, BANGALORE, dated: 03.02.2003, No. UDD 193 MNX 2004, BANGALORE, dated:
23.02.2004 and No. UDD 426 MNJ/2011, BANGALORE, dated 18.06.2014, stands rejected and acquisition of the lands for the formation of Arkavati Layout is upheld.
(ii) W.P.No.*815/2017* is allowed and writ of mandamus issues to the BDA - respondent No.1 to conclude the allotment process of site No.BK90, Arkavati Layout, expeditiously, at any rate within an outer limit of three months from the date of receipt of this order. In the alternate, if site BK90 is not available BDA shall allot alternate site and execute Lease-cum-Sale Agreement in favour of the petitioner, issue Possession Certificate and deliver vacant possession of site so allotted, 1 W.P. No.51929/2014 & Con. Matters D.D. 27.09.2021 -4- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR expeditiously and at any rate within 30 days from the date of issuing the endorsement to the petitioner that site bearing No.BK90 not being available. It is also made clear that within 7 days from the date of this order, BDA shall intimate petitioner as to whether site No.BK90 allotted to him on 31.05.2016, is available or not.
(iii) W.P.Nos.47461/2016 & 48412-14/2016 are hereby dismissed.
(iv) W.P.No.21361/2017 is allowed and writ of mandamus issues to BDA directing the said Authority to execute absolute sale deed in favour of the petitioner expeditiously at any rate within an outer limit of three (3) months from the date of receipt of this order.
(v) W.P.No.751/2016 is allowed and writ of mandamus issues to the BDA to allot a site measuring 30' x 40' in favour of petitioner expeditiously at any rate within an outer limit of three (3) months from the date of receipt of this order.
(vi) W.P.Nos.3178/2017 c/w 55737/2016, 10923/2015, 58734/2016, 15588/2017, 14868/2017, 30485/2017 & 59317/2016 and similarly placed writ petitions stands disposed -5- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR of by directing the BDA to place the representations of all the applicants/petitioners submitted for allotment of sites for being considered by the Committee constituted hereinabove. It is also made clear that all such applications which have been filed for allotment of sites under any of the categories specified in the order of the Division Bench or the Apex Court in BONDU RAMASWAMY's case shall be considered by the Committee keeping in mind the directions issued thereunder and subject to order passed at paragraph (xiv) hereinbelow.
(vii) W.P.No.43194/2017 is hereby allowed in part and a writ of mandamus issues to the BDA to allot one (1) site in favour of the petitioner, the measurement of which shall be same as indicated in the Lease cum Sale Agreement executed in favour of petitioner by BDA on 28.02.2007.
(viii) W.P.Nos.38463/2014, 19783-784/2018, 46766/2014, 47606/2014 & 48579/2014, stands dismissed.
(ix) W.P.No.1876/2016 stands disposed of and BDA is directed to place the representation of the petitioner, who is a revenue site holder and all similar representations/applications of the -6- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR revenue site holders before the Committee for examining their claims in the background of Division Bench judgment as affirmed by Apex Court in BONDU RAMASWAMY's case and as undertaken in paragraph No.3.2 of the Memo filed by the BDA before the Division Bench.
(x) W.P.No.29541/2015 is allowed in part and a writ of mandamus issues to the BDA to execute the Lease cum Sale Agreement in favour of the petitioners in respect of site Nos.B9-SC-2201 and B5-SF-2137, which sites have been allotted as per allotment letters dated 09.11.2007 (Annexures-R2 and R3 respectively).
(xi) The applicants/writ petitioners who are claiming relief based on sale transactions which has taken place subsequent to issuance of Preliminary Notification dated 03.02.2003, would not be entitled to any protection or relief whatsoever and their claim stands rejected.
(xii) It is also made clear that neither the Committee nor the BDA would be required to examine or consider the claim where dispute with regard to title is involved.
(xiii) The BDA shall allot the site to all such applicants in whose favour allotment had been -7- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR made and later cancelled on the ground of same site having been allotted to two (2) persons or cancelled for whatsoever reason like it has fallen in the land deleted from acquisition and like reasons.
(xiv) All deletions or deNotification recommended by the BDA or made by BDA or by the Government, is subject to the certification or approval by the Committee to the effect that such deletion of land is in accordance with the law laid down by the Division Bench and directions/clarifications issued by the Apex Court in BONDU RAMASWAMY's case.
(xv) It is also made clear that in the event of applications or representations having not been submitted by the applicant/s pursuant to the order of the Division Bench or BONDU RAMASWAMY's case, they would be at liberty to submit the same to the BDA within one (1) month from the date of this order and on receipt of said representations or applications, it shall be placed by the BDA before the Committee constituted hereinabove within ten (10) days after expiry of one (1) month.
(xvi) The civic amenities sites earmarked in the map/s or Arkavati Layout Plans, if located as an -8- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR isolated plot or island and such plots if not being adjacent or abutting to the sites formed in Arkavati Layout, such lands may not be feasible for acquisition and Committee would examine such claims and based on physical verification and a report shall be forwarded by the Committee to BDA either to retain such lands for acquisition or recommend for deletion as the case may be, upon receipt of such report BDA shall take further steps.
(xvii) A writ of mandamus issues to BDA to execute Lease cum Sale Agreement and possession certificate in favour of all such allottees, who had been allotted sites and on account of pendency of the present proceedings, further steps had not been taken. The BDA shall also ensure that katha of the sites so allotted and possession delivered is issued in favour of such allottees. The said exercise shall be undertaken by the BDA forthwith and at any rate within an outer limit of three (3) months from today.
(xviii) The BDA shall consider the claim of all such allottees, who have been allotted site/s in Arkavati Layout, but later cancelled due to redo exercise and shall allot the site/s to such of those applicants/allottees expeditiously and at any rate within an outer limit of three (3) -9- NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR months from the date of receipt of copy of this order and it is also made clear that in the event of such site/s not being available in Arkavati Layout, they shall be allotted sites in any other Layout within the timeframe stipulated hereinabove.
(xix) Registered agreement holders or agreement holders together holding registered General Power of Attorney namely, if such documents have come into existence contemporaneously prior to issuance of Preliminary Notification dated 03.02.2003, would be entitled to seek for allotment of site from BDA and all such applicants would be at liberty to submit application/representations to BDA within one (1) month from today and all such representations received by the BDA shall be placed before the Committee constituted by this Court within ten (10) days after expirty of one (1) month and on report being submitted by the Committee, BDA would be at liberty to make allotment of sites or issue endorsement assigning the reasons for rejection of claim, if any.
(xx) The Committee constituted hereinabove shall implement the order passed in W.A.No.2624/2005 & connected matters on
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR 25.11.2005 in the matter of THE COMMISSIONER, BDA AND OTHERS vs. STATE OF KARNATAKA, BY ITS SECRETARY AND OTHERS and order passed by the Hon'ble Supreme Court in Civil Appeal Nos.4097/2010 and connected matters on 05.05.2010 in the matter of BONDU RAMASWAMY AND OTHERS vs. BANGALORE DEVELOPMENT AND OTHERS and in addition to the same, said Committee shall also:
(a) Examine all such representations received by BDA pursuant to Division Bench order and BONDU RAMASWAMY's judgment placed before the Committee and submit a report to the BDA as to whether such claim/s would fall within the exceptions carved out under the judgments for deleting the lands or not. The BDA shall thereafter take steps to delete or include such lands from acquisition.
(b) The Committee shall also consider the representations of the land owners submitted to BDA which shall be placed before the Committee to ascertain as to whether the lands of the applicants are landlocked and/or adjacent lands having
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR been dropped from acquisition without dropping the lands of the applicants. The Committee shall examine the claim on case to case basis and on being satisfied either such claim being genuine or being contrary to factual scenario shall prepare a report village wise and forward the same to the BDA to enable the said authority to either delete such lands from acquisition or conclude the acquisition.
(c) The Committee shall either by itself or through its empowered officers carryout inspection of all 16 villages where sites have been carved in Arkavati Layout by identifying such sites in respect of which allotment letters, possession certificate has been issued and recommend to the BDA to handover possession of such sites to the allottees forthwith for ensuring the process of allotment is taken to its logical end by forwarding a report in that regard to the BDA expeditiously and preferably within a period of four (4) months today. On receipt of such report from the Committee, BDA shall expeditiously and
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR not later than one (1) month from the date of receipt of such report shall execute the Lease cum Sale Agreement or absolute Sale Deed, as the case may be, by confirming possession of such sites having been handed over or delivered to the allottees.
(d) The Committee shall examine as to whether the claim of land owners for deleting their lands from being acquired is within the parameters or the directions issued by the Division Bench and the Hon'ble Apex Court in BONDU RAMASWAMY's case and if so, shall submit a report to the BDA to the said effect and pursuant to the same BDA shall take steps accordingly to either delete the land or proceed with allotment of the sites to the applicants that may be formed in such lands.
(e) The Committee shall examine as to whether deletion of land/s from acquisition made by the BDA is within the parameters fixed by Division Bench and BONDU RAMASWAMY's case by examining every such deletion made on case to case basis and particularly with
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR reference to deletion made on the ground of adjacent lands having been deleted.
(f) The Committee shall also examine the claim of the applicants on case to case basis for deletion of lands on the ground of area being built-up by considering or looking into the scientific evidence that may be secured by the Committee as noticed hereinabove.
(g) The Committee shall examine the claim of the applicants on case to case basis for deletion of lands from acquisition on the ground of buildings having been constructed by ascertaining as to whether such buildings have come up prior to the Preliminary Notification dated 03.02.2003 or thereafter. It is made clear that such buildings/sheds constructed with asbestos sheets or tiled roof, shall not be eligible to be considered as a pucca building for the purposes of exclusion from acquisition even if so claimed by the applicants.
(h) The Committee shall examine as to whether deletion of 983.12 acres of land
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR by the Government subsequent to the Notification dated 23.02.2004 and before issuance of Notification dated 18.06.2014 was in accordance of dicta laid down by the Division Bench and in compliance with directions/clarifications issued by Hon'ble Apex Court in BONDU RAMASWAMY's case and submit a report to the BDA, who shall take steps based on said report.
(i) The Committee shall also examine the applications of revenue site holders for allotment of sites in accordance with the extant Circular of BDA dated 09.06.2017 and Resolution dated 18.04.2017 keeping in mind the law laid down in JUNJAMMA's case and also keeping in mind paragraph 3.2 of the memo filed before the Division Bench whereunder BDA has undertaken to allot a site measuring 30' X 40' in favour of revenue site holders, whose revenue sites had been acquired, which would be in terms of the order/direction issued in W.P.Nos.20875-938/2001 dated 20.07.2021 (Anjanapura Scheme).
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR
(j) The Committee shall examine as to whether on Layout/s formed by Housing Co-operative Societies or House Building Co-operative Societies or registered Union or registered Association wherein sites have been formed and allotted to its Members wherein construction of buildings have come up by conducting spot inspection either by itself or through its empowered officers and if the Committee is of the view that it is a self contained Layout, a report to said effect shall be submitted to BDA, upon which BDA shall delete the said lands from acquisition. However, it is made clear that if BDA has taken possession of such lands and has already formed sites, allotment made, then claim of the Members of the Co-operative Society for allotment of alternate site would only be considered by the BDA and it is made clear that said benefit would be available only to the applicants or Members of the Society/Union/Association, who have purchased the property under registered sale deed from such Housing Co- operative Society or House Building Co- operative Society or Registered Union or
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR Registered Association, as the case may be.
(k) The BDA shall publish the operative portion of this order in any two (2) vernacular newspapers consecutively on two (2) dates within a gap of 10 days from today, so as to avoid issuance of individual notices by the Committee and it is made clear that there would be no need or necessity to issue individual notices by the Committee.
(l) The Committee would at liberty to
examine as to whether BDA has
undertaken any exercise to delete lands suo motu and if it is so found, the exercise so undertaken by BDA would stand quashed if it is not in conformity with the order passed by the Division Bench as affirmed and clarified by the Apex Court, to which effect the Committee shall submit a report to BDA and on such report being submitted, the deleted lands would stand restored to BDA for the purposes of formation of sites in Arkavati Layout to be allotted to the applicants in waiting.
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR (xxi) All lands which are the subject matter of acquisition for the purpose of Arkavati Layout if having been converted, layout formed, sites carved and constructions having been put-up prior to issuance of Preliminary Notification dated 03.02.2003, would be entitled for deletion from acquisition, subject to report being submitted by the Committee to the said effect.
(xxii) All writ petitions which have not been specifically dealt with hereinabove is deemed to have been disposed of in terms of the above order and all pending interlocutory applications stands consigned to records.
(xxiii) No order as to costs. "
(Emphasis supplied)
2. Learned counsel for the respondents fairly submits that, if the petitioner has submitted a representation to the Committee, the same shall be considered by the committee in accordance with law.
3. Learned counsel for the petitioner submits that the petitioner has already submitted her representation on
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR 14.06.2025, however seeks liberty to place additional documents in support of the claim.
4. The submission is recorded.
5. Without expressing any opinion on merits, this court pass the following:
ORDER
(i) The writ petition is disposed of.
(ii) The petitioner is at liberty to submit additional documents if any, in support of her representation dated 14.06.2025 (Annexure-K) within a period of two weeks from the date of receipt of a certified copy of this order.
(iii) Upon receipt of the additional documents, the committee constituted pursuant to K.P. Anjanappa's case, shall consider the petitioner's application / representation (Annexure-K) dated 14.06.2025 in accordance with law keeping in mind the judgment of Bondu Ramaswamy and others Vs. Bangalore Development
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NC: 2025:KHC:53839 WP No. 26287 of 2025 HC-KAR Authority and others2 (Bondu Ramaswamy) as well as the relevant BDA circulars governing deletion/exclusion.
(iv) The committee is requested to dispose of said representation, along with documents produced, as expeditiously as possible.
Sd/-
______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 54 2 AIR Online 2010 SC 216