- 1 - HC-KAR NC: 2025:KHC:28182 WP No. 21445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21445 OF 2025 (LB-BMP) BETWEEN: SMT. ANITHA AGED ABOUT 32 YEARS, 508, 4TH MAIN ROAD, BRAHMAPUTRA NADI ROAD, HUNMANTHNAGAR, BANGALORE-560019. …PETITIONER (BY SMT. MANJUVENI M., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R SQUARE, HEAD OFFICE, BENGALURU-560001. 2. ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, DODDA GANAPATI SUB DIVISION, N R COLONY, SUBBARAMA CHETTY ROAD, BENGALURU-56004. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28182 WP No. 21445 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10.01.2024 BEARING NO.SKNA(BG) PO/05/23-24 UNDER SECTION 248 (1) AND 248 (2) OF BBMP ACT, 2020 AND ENDORSEMENT DATED 10.06.2025, BEARING NO. S.E.N.E.(B.E) THE /P.O/90/25-26 PASSED BY THE ASSISTANT EXECUTIVE ENGINEER, BASAVANAGUDI (DODDAGANAPATHI) SUB-DIVISION, BBMP, BENGALURU WHICH ARE AT ANNEXURE A, B AND CB AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the site owner being aggrieved by the Provisional Orders issued by the 2nd respondent and endorsement dated 10.06.2025 bearing No.S.E.N.E(B.E)THE/P.O/90/2025-26. 2. Heard the learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents No.1 and 2-BBMP. 3. The short question that arises for consideration in this petition is whether the petitioner is entitled to any relief against the issuance of a Provisional Order under Section 248(1) of the Bruhat Bengaluru Mahanagara Palike - 3 - HC-KAR NC: 2025:KHC:28182 WP No. 21445 of 2025 Act, 2020 (for short, ‘the BBMP Act’). The petitioner refers to the dimensions of the building plot and submits that he has constructed a residential house on a site measuring North-South 15 feet and East-West 40 feet. 4. The petitioner claims title to the said site under a registered sale deed dated 08.03.2006. He contends that since the area of the plot is less than 50 square meters, and the residential house has been constructed in adherence to the prescribed setback norms, he is not required to obtain a sanctioned building plan. In support of this submission, reliance is placed on Regulation 7.2 of the Bangalore Mahanagara Palike Building Bye-Laws, 2003. Based on this, the petitioner submits that the issuance of the Provisional Order under Section 248(1) of the BBMP Act is without jurisdiction. 5. While this Court finds some merit in the submission made by the learned counsel for the petitioner, it is to be noted that the impugned Provisional Order has been issued by the competent authority under Section - 4 - HC-KAR NC: 2025:KHC:28182 WP No. 21445 of 2025 248(1) of the BBMP Act. In that view of the matter, the petitioner is required to submit his explanation to the said authority and is at liberty to rely on Regulation 7.2 of the Building Bye-Laws, which empowers the authority to consider relaxation of conditions relating to the requirement of obtaining a building licence and sanctioned plan for construction of residential houses on small sites. 6. The question as to whether the petitioner, in the given facts and circumstances, is entitled to an exemption or relaxation of such requirements on the ground that the plot measures less than 50 square meters, is an issue that falls within the domain of the competent authority, namely, respondent No.2. Accordingly, liberty is reserved to the petitioner to submit a detailed explanation asserting his claim for exemption under Regulation 7.2 of the BBMP Building Bye-Laws. 7. If such an explanation is submitted by the petitioner within the stipulated time, the concerned authority shall examine the matter, including the size of - 5 - HC-KAR NC: 2025:KHC:28182 WP No. 21445 of 2025 the site and the applicability of Regulation 7.2 of the Building Bye-Laws, and thereafter pass appropriate orders in accordance with law. 8. Till such time, respondent No.2-Assistant Executive Engineer, BBMP, Dodda Ganapathi Sub-Division, shall not initiate any coercive action against the petitioner. The petitioner is directed to submit his explanation within a period of three weeks from the date of receipt of a certified copy of this order. 9. With these observation, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DL List No.: 1 Sl No.: 9