- 1 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 203537 OF 2024 (LB-RES PIL) BETWEEN: 1. SHARAN DESAI, M. ARCH, USA SPECIALIZED IN ARCHITECTURE AGE 58 YEARS S/O LATE SHRI HANAMANT RAO DESAI, EX MLA AFZALPUR TALUK, PLOT NO.10 H.NO.10-26, N.V.LAYOUT, VITAL NAGAR KHUBA PLOT, KALABURAGI-585 103 …PETITIONER (BY SRI. SHARAN DESAI (PARTY-IN-PERSON)) AND: 1. THE COMMISSIONER AND ORS REP. BY THE COMMISSIONER KALABURAGI MAHANAGAR PALIKE (KMP) NEAR JAGAT CIRCLE, MAIN ROAD KALABURAGI-585 102 2. THE DEPUTY COMMISSIONER REP. BY THE DEPUTY COMMISSIONER ROOM NO.8, NIMI VIDHANA SOUDHA KALABURAGI-585 101 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 3. THE CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA REP. BY THE CHIEF SECRETARY ROOM NO.320, 3RD FLOOR VIDHANA SOUDHA, BENGALURU-560 001 4. THE DIRECTOR GENERAL REP. BY THE DIRECTOR GENERAL KARNATAKA STATE FIRE AND EMERGENCY SERVICES 1, ANNASWAMY MUDDALIAR ROAD HERMIT COLONY, SIVANCHETTI GARDENS BENGALURU-560 042 5. THE CHAIRMAN, RERA REP. BY THE CHAIRMAN KARNATAKA REAL ESTATE REGULATORY AUTHORITY (RERA), SILVER JUBILEE BLOCK 2ND CROSS ROAD, SAMPANGI RAMA NAGARA BENGALURU-560 002 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE AN ORDER OR DIRECTIONS, TO (RESPONDENTS 1, 2, 4 AND 5) TO INSPECT THE APARTMENT BUILDINGS WITHIN THE LIMITS OF THE KALABURAGI MAHANAGARA PALIKE (KMP) FOR ANY ILLEGAL CONSTRUCTION BY BUILDERS AND OWNERS, BUILDING VIOLATIONS OF THE APPROVED PLAN AND BYLAWS, AS WELL AS VIOLATIONS RELATED TO BUILDING HEIGHT, SETBACKS, FIRE SAFETY MEASURES, AND RERA REGISTRATION CERTIFICATE AS PRAYED FOR IN THE REPRESENTATION VIDE ANNEXURE-C, D, F AND G (COPY OF THE REPRESENTATION DATED 01-10-2024) TO ISSUE - 3 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 ANOTICE UNDER SECTION 321 OF THE KARNATAKA MUNICIPAL CORPORATION ACT AND ETC. THIS PETITION, 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 M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner-party-in-person, by filing this petition, styling it as public interest petition has advanced two prayers. Firstly, to direct respondent Nos.1, 2, 4 and 5 authorities to inspect the apartment buildings within the limits of Kalaburagi Mahanagara Palike for any illegal construction by the builders and owners for building violation of approved plan and bye-laws as well as in respect of violation related to building heights, setbacks, fire safety measures and RERA registration certificate. - 4 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 2. It is next prayed to direct respondent Nos.1 and 2 to issue a notice under Section 321 of the Karnataka Municipal Corporations Act, 1976 and to take action to remove the portions of the building that exceed the approved construction height and setbacks. 3. It is stated by the petitioner that he has made representation dated 01.10.2024. However, same is not attended to. It is the allegation that portions of several buildings are illegally built and are voilative of the approved building plans. 4. The pleadings which stand in the background to support the prayer which as under, "4. FACTS IN BRIEF, CONSTITUTING THE CASE: The City of Kalaburagi in North Karnataka is experiencing rapid development. The real estate business is booming, with builders and owners heavily investing in apartment construction. However, the Petitioner is concerned about illegal high rise construction by builders and owners who are not following approved building plans, setbacks, and building regulations. They are not taking into consideration other residential buildings around their construction sites and are constructing according to their wishes. It is important to note that the illegal and unauthorized construction of apartment buildings not only violates municipal laws and the planned development of Kalaburagi City but also infringes upon the fundamental and constitutional rights of other - 5 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 individuals living next to this apartment building. It is argued that the failure of authorities (Respondents 1 and 2) has led to an increase in unauthorized and illegal construction. Therefore, it is liable for the demolition of the excess construction and for demolishing the violated portions of the building height and setbacks on all sides of the building." 5. Reading of the aforesaid pleadings which are the facts constituting the case of the petitioner invariably go to show that the petitioner has made too general and too vague allegations about the illegal construction of the buildings and alleged non-compliance of the building plans etc. On the basis of such vague, general and omnibus averments, it is not possible to consider the case in the public interest jurisdiction. 6. The petition is not entertainable on the aforesaid ground alone since it is based on general premise of facts. No specific or particular facts are pleaded to suggest the alleged violation of any building or construction. 7. Leaving the petitioner open to approach the competent authorities in individual cases if the specific facts are available - 6 - NC: 2025:KHC:9617-DB WP No. 203537 of 2024 regarding the alleged violation of the building plan, this petition is not entertained and stands dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 9