- 1 - NC: 2025:KHC:7455 WP No. 21041 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 21041 OF 2021 (LB-BMP) BETWEEN: 1. SRI BHASKAR RAO S/O SRI A SHIVA RAMA RAO AGED ABOUT 65 YEARS R/AT NO 146, 6TH CROSS CENTRAL TEACHERS SOCIETY, NAGARBHAVI 1ST STAGE BENGALURU - 560072 …PETITIONER (BY SRI. SADASHIVAIAH K G., ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER HUDSON CIRCLE, BENGALURU – 560002. 2. THE ASSISTANT EXECUTIVE ENGINEER GOVINDARAJ NAGAR, SUB DIVISION BBMP SHAKTHI SOUDHA 4TH B MAIN ROAD, 13TH CROSS M C LAYOUT VIJAYANAGAR, BENGALURU - 560040 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7455 WP No. 21041 of 2021 ORDER PASSED BY THE R-2 DATED 22.02.2019 PASSED BY UNDER SECTION 321(1) KARNATAKA MUNICIPAL CORPORATION ACT AT ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. A provisional order was passed in which it was contended that there was deviation from the sanctioned plan ranging from 5% to 351.51%. This order was confirmed by passing of a confirmatory order. 2. The Appellate Authority has affirmed the order of confirmation, as a result of which, the petitioner has preferred the present writ petition. 3. During the pendency of the writ petition, this Court on 12.06.2024 directed a joint inspection to be conducted on 21.06.2024 and submit a report - 3 - NC: 2025:KHC:7455 WP No. 21041 of 2021 regarding exact extent of deviation from the sanctioned plan. Pursuant to said order, the building was inspected and a report has been filed, in which, it was indicated that the extent of violation in terms of percentage ranges from 5% to 32.33%. 4. It is also noticed that the plan was sanctioned in the year 2013-2014 and as a consequence of the Amendment to the Karnataka Municipal Corporations Act (“the KMC Act”), there is a provision for regularization of deviation from the sanctioned plan up to an extent of 50% in case of a residential building. 5. The question as to whether this provision is valid or not is the subject matter of a proceeding before the Apex Court. If the Apex Court upholds the provision and permits regularization, then the petitioner would be entitled to seek regularization since the joint inspection report indicates that the percentage of deviation is below 50%. - 4 - NC: 2025:KHC:7455 WP No. 21041 of 2021 6. In that view of the matter, it would be appropriate to keep the impugned orders in abeyance till the Apex Court decides on the validity of the amendment brought into the KMC Act and in the event, the Apex Court upholds said amendment, the petitioner would be entitled to avail of the remedy of regularization and in the said event, it is obvious that impugned orders cannot be given effect to, until his application is considered. 7. Consequently, the writ petition is disposed of holding that the petitioner would be entitled to seek regularization of his unauthorized construction in the event the Apex Court upholds the amendment made into the KMC Act and until then, the impugned orders shall not be given effect to. 8. As already noticed above, if the Apex Court upholds the amendments and the petitioner were to avail of the remedy of regularization and if the building is - 5 - NC: 2025:KHC:7455 WP No. 21041 of 2021 regularized, the impugned orders would stand automatically dissolved. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 59