High Court of Karnataka at Bengaluru (K.S. Hemalekha, J.) disposed of Writ Petition No.20171 of 2023 (LA-BDA), filed under Articles 226 and 227 of the Constitution of India by R. Nanjundaiah (through GPA holder K. Krishna) seeking certiorari quashing the BDA preliminary notification dated 21.05.2008 (Annexure-A, No.BDA/COMMISSIONER/DC(LA)/ALAO/158/2008-2009, Gazette 22.05.2008, under Section 17(1)&(3) of the BDA Act) and the final notification dated 18.02.2010 (Annexure-B, No.UDD 51 MNX 2010, Gazette 25.02.2010, under Section 19(1) of the BDA Act) insofar as they related to the petitioner's land, and mandamus for consideration of his representation for deletion of his site or alternative allotment. The identical notifications had been challenged in W.P.No.32186/2010 and connected matters, where a learned Single Judge quashed them; the BDA's appeals in W.A.No.1783/2014 and connected matters were allowed by the Division Bench, which upheld both notifications for the Nadaprabhu Kempegowda Layout subject to operative directions: paragraph iii(a) permitting land owners to apply to the BDA for dropping of their lands on specified grounds (nursery lands, green belt, totally built up, buildings of religious/charitable educational institutions, similar adjoining lands left out or de-notified) with status to be assessed as on the preliminary notification and decisions within six months; and paragraph iii(b) directing site owners to register under the BDA (Allotment of Sites) Rules, 1984 with priority allotment of 30x40 feet sites subject to eligibility (10-year residence in Bengaluru and ownership of no residential property there), failing which consideration for 20x30 feet sites under the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989. Holding that the petitioner was similarly placed and admittedly a revenue site holder, the Court held that the paragraph iii(a)/iii(b) directions, particularly iii(b), squarely applied and disposed of the writ petition accordingly, without quashing the notifications afresh.
