- 1 - NC: 2025:KHC:13130-DB WA No. 194 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO. 194 OF 2025 (LB-BMP) BETWEEN: 1. PROFESSOR DR. DHIRENDRA V. KUBAIR S/O. LATE PROFESSOR DR. V.G. KUBAIR AGED ABOUT 51 YEARS 81/1 PROFESSOR V.G. KUBAIR'S APARTMENTS 4TH MAIN ROAD MALLESHWARAM BENGALURU - 560 003. 2. MRS. BHAGYASHREE KUBAIR W/O. PROFESSOR DR. DHIRENDRA V. KUBAIR AGED ABOUT 46 YEARS 81/1 PROFESSOR V.G. KUBAIR'S APARTMENTS 4TH MAIN ROAD MALLESHWARAM, BENGALURU - 560 003. …APPELLANTS (BY SRI/PROF. DR. DHIRENDRA V. KUBAIR, PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY OF THE URBAN DEVELOPMENT DEPARTMENT DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13130-DB WA No. 194 of 2025 T. CHOWDIAH ROAD, KUMARA PARK WEST BENGALURU - 560 020. 3. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS CHIEF COMMISSIONER NO.1, N.R. SQUARE, RANI KITTOOR CHENNAMMA CIRCLE HUDSON CIRCLE, BENGALURU - 560 001. 4. THE ASSISTANT DIRECTOR TOWN PLANNING WEST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) SAMPIGE ROAD OPP. MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU - 560 020. 5. MR. VINAYSKRISHNA H.V., S/O. LATE H.V. NANDAKUMAR AGED ABOUT 40 YEARS 81, 4TH MAIN ROAD MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI S.K. HARISH, GOVERNMENT ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE ORDER IN WP 19606 OF 2024 (LB-BMP) DATED 13.01.2025 AND ADJUDICATE THE WP No. 19606/2024 ON THE FACTS OF THE CASE AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, QUASHING THE ILLEGALLY SANCTIONED COMMERCIAL RESIDENTIAL BUILDING LICENSE/PLAN No. BBMP/CC/0430/20-21, LP No. BBMP AD.COM/WST/1248/19-20 (PRODUCED AS ANNEXURE-B) DATED 28.05.2020 BY THE RESPONDENT No.4 (ADTP (WEST) BBMP) AND ETC,. - 3 - NC: 2025:KHC:13130-DB WA No. 194 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned appellant-party-in-person-Dr. Dhirendra V. Kubair and learned Government Advocate Mr. K.S. Harish for respondent No.1-State who appears upon service of the copy of the appeal in advance. 2. What is sought to be called in question in this appeal is the judgment and order dated 13.01.2025 of learned Single Judge, whereby the writ petition filed by the appellant-party-in-person came to be dismissed. 3. In the writ petition, the petitioner had prayed to set aside the sanctioned commercial-cum-residential building licence plan dated 28.05.2020 issued by respondent No.4-the Assistant Director, Town Planning, (West Zone). - 4 - NC: 2025:KHC:13130-DB WA No. 194 of 2025 4. While dismissing the petition, what weighed with learned Single Judge was that the plan was sanctioned as back as in the year 2020 and that the building has also come up. It was recorded by learned Single Judge that the petitioner was aware about the sanctioning of the plan and that he had made several representations-complaints to the authorities regarding deviation from the construction. Since the petition was filed after lapse of five years, learned Single Judge did not thought it fit to entertain on the ground of delay and on the ground that the petitioner despite being aware did not choose to come to the court immediately. 5. While learned party-in-person would admit that the building has come up, he submitted that some part of the building which is for commercial use has not been so far occupied. Be that as it may. 6. It is to be noticed that while not entertaining the petition, learned Single Judge adopted a balanced approach by observing that the dismissal of the petition shall not be construed to confer legitimacy on the building that is constructed. If the construction is in contravention of the conditions of the sanctioned plan, learned Single Judge obligated the Bruhat Bengaluru Mahanagara Palike (BBMP) to initiate appropriate action and if initiated, to conclude the - 5 - NC: 2025:KHC:13130-DB WA No. 194 of 2025 proceedings in respect of the alleged deviation from the plan expeditiously. 7. While the court does not find any good ground to interfere with the order of learned Single Judge, the appeal is dismissed with reiteration that the BBMP shall look into the aspect of deviation of the plan and if found, shall carry out the directions of learned Single Judge. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 11