- 1 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16010 OF 2024 (GM-FOR) BETWEEN: M/S MAANGALYA DEVELOPERS A REGISTERED UNDER INDIA COMPANIES ACT, NO. 92, KEDIA ARCADE, BASEMENT, INFANTRY ROAD, BANGALORE-560 001, REPRESENTED BY THE MANAGING DIRECTOR, MR. PADMANABHAN. …PETITIONER (BY SRI. D.R.RAVI SHANKAR, SENIOR ADVOCATE FOR SRI. PHANIRAJ KASHYAP.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, DEPARTMENT OF ECOLOGY AND ENVIRONMENT, ROOM NO. 709, 7TH FLOOR, IV- GATE, M. S. BUILDING, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 BANGALORE-560001. 2. THE RANGE FOREST OFFICER BANNERGHATTA WILD LIFE RANGE, KALKERE,BANGALORE-560 083. 3. THE BRUHAT BENGALURU MAHANAGARA PALIKE NR SQUARE, BENGALURU - 560 002 REPRESENTED BY THE CHIEF COMMISSIONER …RESPONDENTS (BY SRI.BHANUPRAKASH V.G., AAG A/W SRI. RAHUL CARIAPPA, AGA FOR R1 AND R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 03/11/2023 BEARING NO. VA.AA.AA/BA.VA.VA/NOTICE/2023-24/359 PASSED BY R1 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 ORAL ORDER The petitioner is aggrieved by the Notice dated 03.11.2023 [Annexure-A] issued by the second respondent putting the petitioner on notice that the construction of a commercial building in Sy.No.7 of Basavanapura Village, Begur Hobli, Bengaluru South Taluk is within an eco-sensitive zone and without permission from the concerned. This Court, on 17.04.2025, has granted an interim order staying the operation of the notice, and the BBMP is subsequently added as a party respondent to the present proceedings. 2. This Court, on 01.04.2025, has directed the petitioner to place on record the plans sanctioned for construction of the apartment complex in the aforesaid property. The learned counsel for the BBMP has placed on record the copies of the Commencement Certificate, Sanction Plan and Partial - 4 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 Occupancy Certificate on 09.07.2025. It was pointed to this Court on the next date of hearing [29.07.2025] on behalf of the petitioner that the petitioner's grievance is with the description of construction in Block-C as commercial; that the petitioner is categorical that C-Block is constructed for residential purposes and that the petitioner’s specific stand vindicated by the records that are filed by the BBMP. 3. This Court, in the light of these circumstances, has called upon the State to make a statement on the reasons for considering Block-C as a commercial construction. This Court must record that on behalf of the State that certain details are sought for from the BBMP. Sri V. G. Bhanuprakash, the learned Additional Advocate General, submits that when this Court is seized of the matter, certain show cause notices have been issued by the second respondent once again. - 5 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 4. When queried, Sri V. G. Bhanuprakash does not dispute that the second respondent should have practiced restraint in issuing such notices during the pendency of these proceedings avoiding paving the way for aspersions to be cast on the motive in issuing such notices. However, the learned Additional Advocate General submits that this Court could consider disposing of the petition observing that the notice impugned and even the recent notice issued will stand dissolved but with liberty to the second respondent to examine the entire cause for issuance of notice. 5. In response, Sri D.R. Ravishankar, the learned Senior Counsel for the petitioner, submits that the notice recently issued is another evidence of the concerned officer being needlessly obstructing the rights that are secured under the plans sanctioned by the competent authority, and that the petitioner's rights cannot be brought into some kind of jeopardy - 6 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 with no basis. The learned Senior Counsel emphasizes that disposal of the petition in terms as now suggested would only protract the proceedings. 6. These circumstances and submissions are considered. Indeed, it is indisputable that the petitioner has the advantage of not just a sanction plan and commencement certificate, but also the benefit of partial occupancy certificate, and that if there is to be any cause to examine a violation of the eco-sensitive zone especially with the present proceedings, the second respondent should have considered the documents that are relied upon by the petitioner and the documents brought on record in the present proceedings. Indubitably, the copies of the documents must necessarily be available with the second respondent. The second respondent has to offer reasons for initiation of proceedings in the light of these documents by and then call upon the petitioner to respond against such cause. This would - 7 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 enable complete adjudication after due opportunity. Therefore, this Court is inclined to accept the request on behalf of the State and dispose of the petition on terms. Hence, the following: ORDER [A] The petition stands disposed of declaring that the impugned Show Cause Notice dated 03.11.2023 [Annexure-A] as also such other further notices that may have been issued by the second respondent stand dissolved, but with liberty to the second respondent to take further action strictly in accordance with law. [B] This Court also observes that the second respondent must, before proceeding further, examine the different approvals granted by the BBMP and the regulations governing the eco-sensitive zone and reason the - 8 - HC-KAR NC: 2025:KHC:31494 WP No. 16010 of 2024 justification for the cause before calling upon the petitioner to respond. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr