- 1 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6290 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 11293 OF 2025 (LB-BMP) IN WP NO. 6290/2025 BETWEEN: SRI. S. DAYALAN, S/O LATE SRINIVSAN, AGED ABOUT 63 YEARS, RESIDING AT NO.21/A, 42ND CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. HARSHA .M. HAVERI, ADVOCATE FOR SRI. VINAYAKA B.V. BHATTA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY THE CHIEF COMMISSIONER, N.R SQUARE, BENGALURU - 560 009 3. THE ADDITIONAL DIRECTOR OF TOWN PLANNING (WEST) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE, BASHYAM PARK, SHESHADRIPURAM, BENGALURU - 560 009 4. THE ASSISTANT ENGINEER OF TOWN PLANNING (WEST), BRUHAT BENGALURU MAHANAGARA PALIKE, BASHYAM PARK, SHESHADRIPURAM, BENGALURU - 560 009 5. THE ASSISTANT EXECUTIVE ENGINEER, MALLESHWARAM SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 009 6. SRI. JAYARAM H S/O HOMBALE AGED ABOUT 68 YEARS, R/AT P33, 2ND CROSS, NAGAPPA BLOCK, SRIRAMPURAM, BANGALORE - 560 021. AMENDED AS PER ORDER DATED 30.08.2025 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R5 SRI. RAJESH MAHALE SR. ADVOCATE FOR SRI. K.C. SUDHAKAR, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION BEARING NO.SA.KAA. NI SA (MA)/PR/432/2024-25 DATED 28.02.2025 ISSUED BY THE 5TH RESPONDENT THE ASSISTANT EXECUTIVE ENGINEER, - 3 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 MALLESHWARAM SUB-DIVISION, BBMP (VIDE ANNEXURE-A). DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01.03.2025 MADE BY PETITIONER (VIDE ANNEXURE-A1) IN ACCORDANCE WITH AMENDED ZONAL REGULATIONS OF REVISED MASTER PLAN-2015 OF THE LOCAL PLANNING AREA OF BENGALURU VIDE NOTIFICATION DATED 21.02.2025 TO ANNEXURE-L REMEDY/CURE THE DEFECTS AND ETC., IN WP NO. 11293/2025 BETWEEN: S. DAYALAN, S/O LATE SRINIVSAN, AGED ABOUT 62 YEARS, R/AT NO.21/A, 42ND CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONER (BY SRI. V. SRINIVAS, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BBMP HEAD OFFICE, NR SQUARE, BENGALURU - 560 002. 2. THE ZONAL COMMISSIONER (WEST) BBMP BASHYAM PARK SHESHADRIPURAM, BENGALURU - 560 020 3. THE EXECUTIVE ENGINEER, MALLESHWARAM DIVISION, BBMP, BENGALURU - 560 028 - 4 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER, KODIGEHALLI SUB-DIVISION, BBMP, BENGALURU - 560 091 5. SRI. JAYARAM H S/O HOMBALE AGED ABOUT 68 YEARS, R/AT P33, 2ND CROSS, NAGAPPA BLOCK, SRIRAMPURAM, BANGALORE - 560 021 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4 SRI. RAJESH MAHALE SR. ADVOCATE FOR SRI. PARIKSHITH MALIYE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATION DATED 12/03/2025, GIVEN BY THE PETITIONER VIDE ANNEXURE-D TO THE WRIT PETITION AND DIRECT THE RESPONDENT NO 2 FOR TAKING NECESSARY ACTION TO DEMOLISH THE ILLEGAL CONSTRUCTION OF RESPONDENT NO-3 ON PROPERTY BEARING NO NO.39/1, 2ND CROSS, NAGAPPA BLOCK, SRIRAMPURAM, BENGALURU 560 021. MEASURING EAST TO WEST 15 FEET AND NORTH TO SOUTH 80 FEET AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 ORAL ORDER The dispute pertains to illegal construction being put up by the petitioner as well as the contesting private respondent. The petitioner alleged that the contesting private respondent has put up construction in violation of building by - laws and sanction plan. The contesting respondent alleged that the petitioner has put up construction in violation of building by- laws and sanction plan. It is not in dispute that both petitioner and contesting respondent are neighbours. 2. Learned counsel appearing for respondent - BBMP upon instructions submitted that appropriate enquiry will be conducted with regard to the construction which is put up by both the petitioner and the contesting respondent and suitable action will be initiated as against both. 3. At this juncture, the contesting parties submit that they may be given the liberty to seek approval of modified building plan in accordance with the present laws. 4. Hence the following; - 6 - HC-KAR NC: 2025:KHC:33819 WP No. 6290 of 2025 C/W WP No. 11293 of 2025 ORDER As per the request of parties, writ petitions are disposed of with a direction to the BBMP to initiate appropriate action against the petitioner as well as contesting private respondent in accordance with law, as expeditiously as possible. Parties are also given liberty to make necessary representation for approval of a modified building plan in accordance with law. While taking the decision, BBMP will take into consideration all the orders that have been passed by various Courts in the litigation said to have been taken place in respect of the properties concerned. Sd/- (M.I.ARUN) JUDGE BH CT:VS List No.: 1 Sl No.: 28