- 1 - NC: 2025:KHC:8639 WP No. 29465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29465 OF 2024 (LB-BMP) BETWEEN: 1. SRI B N SATHYA KUMAR AGED ABOUT 66 YEARS S/O LATE.B.V. NANJAREDDY 2. SRI. SUNIL AGED ABOUT 37 YEARS S/O SRI.B.N. SATHYA KUMAR 3. SRI.B.N. VENKATESH KUMAR AGED ABOUT 54 YEARS S/O LATE.B.V. NANJAREDDY 4. SRI.V. YESHAS AGED ABOUT 25 YEARS S/O SRI.B.N. VENKATESH KUMAR ALL ARE R/A NO.493, BALAGERE ROAD NEAR SUBBAIAH GARDEN VARTHURU, BENGALURU-560 087 …PETITIONERS (BY SRI. NAGESH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENU DEPARTMENT VIDHANA SOUDHA DR.B.R. AMBEDKAR VEEDHI, BANGALURU-560001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8639 WP No. 29465 of 2024 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP CENTRAL OFFICE, N.R. CIRCLE, BENGALURU-560002 3. THE CHIEF ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP CENTRAL OFFICE, N.R. CIRCLE, BENGALURU-560002 4. THE CHIEF TOWN PLANNING OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP CENTRAL OFFICE, N.R. CIRCLE, BENGALURU-560002 5. THE ZONAL COMMISSIONER MAHADEVAPURA ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-87 6. JOINT DIRECTOR OF TOWN PLANNING (JDTP) MAHADEVAPURA ZONAL OFFICE BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-87 …RESPONDENTS (BY SRI. BOPANNA VELLIAPPA., AGA FOR R-1; SRI.B.S.KARTHIKEYAN., ADVOCATE FOR R-2 TO R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE IMPUGNED NOTIFICATION DATED:03.10.2024 NO.MA.MU.AA/P.R(G)1948/2024.25 ISSUED BY THE R2 VIDE 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 - 3 - NC: 2025:KHC:8639 WP No. 29465 of 2024 ORAL ORDER 1. The prayer in this writ petition is to issue a direction to respondent No.5 to consider his application dated 08.09.2024 for granting approval of a building plan submitted by the petitioners through vide Annexure ‘G’. 2. It is the case of the petitioners that they had submitted an application for grant of licence to erect building on 08.09.2024 and since no order has been passed, either rejecting or calling for any information, the application filed by the petitioners is deemed to have been granted by virtue of Section 240(6)1 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘the Act’) 1 240. Procedure for grant of sanction of building plan.-(1) If any person intends to construct or reconstruct a building, he shall by way of an application as prescribed apply to the Zonal Commissioner for permission with such documents as may be prescribed to undertake such construction or re-construction. (6) The Zonal Commissioner shall process any application received under sub-section (1) within such time periods as may be prescribed and in the event of the zonal commissioner not communicating the decision on such application within the prescribed time period the application shall be deemed to be approved: Provided that, deemed approval shall not be accorded to those applications referred to the Chief Commissioner under Sub-Section (4). - 4 - NC: 2025:KHC:8639 WP No. 29465 of 2024 3. In my view, since the petitioners are specifically contending that they had made an application for grant of approval of building plan on 08.09.2024 and no order has been passed within the time permitted under Section 240(6) of the Act, it would be appropriate to direct the respondents to consider the application keeping in mind that the petitioners have secured a deemed approval and pass appropriate orders. 4. This exercise shall be undertaken and completed within a period of six weeks from the date of receipt of a copy of this order. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 98