- 1 - HC-KAR NC: 2025:KHC:36295 WP No. 23496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23496 OF 2025 (LB-BMP) BETWEEN: 1. M/S N.D.DEVELOPERS PVT. LTD. NO.25, SRI BALAJI NILAYA, 3RD MAIN, 5TH CROSS, BTM II STAGE BENGALURU-560 076. REP.BY ITS MANAGING DIRECTOR SRI M.K.K.DURANI. (REG. UNDER SECTION 5 OF REAL ESTATE ACT, 2010) …PETITIONER (BY SRI. NAVEEN J.N., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, OFFICE OF BBMP N.R.SQUARE, BANGALORE-560 002. 2. THE JOINT DIRECTOR OF TOWN PLANNING SOUTH, BBMP, OFFICE OF BBMP N.R.SQUARE, BANGALORE-560 002. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO ISSUE OCCUPANCY CERTIFICATE IN FAVOUR OF THE PETITIONER FOR THE PROPERTY DEVELOPED BY M/S M.D.DEVELOPERS PVT.LTD. IN SY.NO.87/1, 87/2 AND Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36295 WP No. 23496 of 2025 88/2 SITUATED AT HARALOORU MAIN ROAD, KOODLU VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK AS PER THE PLAN SANCTIONED BY THE BBMP VIDE M.P.NO.BBMP/DP/JD(TPS)59/2010-11 DATED 16.06.2012 MARKED AS ANNEXURE-AD1 BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 17.12.2022 MARKED AT ANNEXURE-AC TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has sought for issuance of occupancy certificate from the respondents-Bruhat Bengaluru Mahanagara Palike (BBMP) in respect of the property which is the subject matter of the present writ petition. As the same has not been granted so far, the instant writ petition is filed with the following prayers: "(a) issue an order or direction or writ in the nature of mandamus directing the Respondent No.2 to issue occupancy certificate in favour of the Petitioner for the property developed by M/s M.D.Developers Pvt.Ltd. in Sy.No.87/1, 87/2 and 88/2 situated at Haralooru Main - 3 - HC-KAR NC: 2025:KHC:36295 WP No. 23496 of 2025 Road, Koodlu Village, Sarjapur Hobli, Anekal Taluk as per the plan sanctioned by the BBMP vide M.P.No.BBMP/DP/JD(TPS)59/2010-11 dated 16.06.2012 marked as Annexure-AD1 by considering the representation of the petitioner dated 17.12.2022 marked at ANNEXURE-AC to the writ petition. (b) issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity." 2. The learned counsel for the respondents-BBMP upon instructions submitted that petitioner is required to provide certain particulars and a communication has been issued to the petitioner in this regard, and if he were to provide those clarifications, a decision would be taken whether an occupancy certificate can be issued or not. 3. The petitioner undertakes to provide the necessary clarification within two weeks from today. 4. Hence, the following: ORDER i) Respondent no.2 is directed to consider the request of the petitioner for issuance of occupancy certificate within a period of twelve - 4 - HC-KAR NC: 2025:KHC:36295 WP No. 23496 of 2025 weeks from the date of receiving the clarification from the petitioner and pass appropriate orders thereafter in accordance with law; ii) The writ petition stands disposed of accordingly. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 21