- 1 - NC: 2025:KHC:951 WP No. 7195 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7195 OF 2015 (LB-BMP) BETWEEN: SRI DR. C.V. NAYAK S/O VASUDEV H NAYAK SINCE DEAD REPRESENTED BY HIS LRS. 1. SMT. G.N. GEETHAMMA W/O LATE C.V. NAYAK AGED ABOUT 63 YEARS. 2. SRI ABHISHEK C NAYAK S/O LATE C.V. NAYAK AGED ABOUT 32 YEARS. BOTH ARE R/AT NO.1287 8TH MAIN ROAD, II STAGE WEST OF CHORD ROAD BANGALORE – 560 086. …PETITIONERS (BY SRI S. NAGARAJA, ADVOCATE) AND: 1. THE COMMISSIONER BANGALRE MAHANAGARA PALIKE BANGALORE. 2. THE ASSISTANT EXECUTIVE ENGINEER AND DELEGAGTED AUTHORITY OF THE COMMISSIONER GAYATHRINAGAR, SUB-DVN, Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:951 WP No. 7195 of 2015 BANGALORE MAHANAGARA PALIKE, BANGALORE. …RESPONDENTS (BY SRI A. JAGANATH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ORDERS DT.15.7.2003 AND 14.1.2015 PASSED BY R-2 AND KARNATAKA APPELLATE COURT VIDE ANNX-B & C, RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Petitioners are challenging the order of confirmation which has been confirmed by the Karnataka Appellate Tribunal. 2. This Court on 18.11.2023 had directed the learned counsel appearing for respondent Nos.1 and 2 to ensure that the property-in-question was inspected and an inspection report including a sketch and mahazar of the property-in-question denoting the setbacks, constructed area and height of the building to be filed. - 3 - NC: 2025:KHC:951 WP No. 7195 of 2015 3. In compliance with the said order, an inspection report has been filed today along with a sketch. 4. A perusal of the report would indicate that the total deviation by the petitioners is only to the extent of 2.77%. In my view, since the authorities are empowered to compound the deviation to the extent of 5%, the authorities are directed to compound the deviation and regularize the building. 5. This writ petition is accordingly disposed of. 6. The said exercise to be complied within a period of two months from the date of receipt of the copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 12