- 1 - HC-KAR NC: 2025:KHC:44938-DB WA No. 1101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1101 OF 2025 (LB-BMP) BETWEEN: 1. THE BRUHATH BENGALURU MAHANAGAR PALIKE NR SQUARE CORPORATION CIRCLE BENGALURU 560002 REP BY ITS COMMISSIONER 2. THE JOINT DIRECTOR OF TOWN PLANNING (SOUTH) BBMP, N R SQUARE CORPORATION BENGALURU 560002 …APPELLANTS (BY SRI. MONESH KUMAR K B, ADVOCATE) AND: 1. C B C I SOCIETY FOR MEDICAL EDUCATION SARJAPURA- MARATHAHALLI ROAD Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44938-DB WA No. 1101 of 2025 BESIDES BANK OF BARODA JOHN NAGAR, KOARMANGALA BENGALURU 560034 REP BY ITS SECRETARY 2. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOMENT M S BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. MANMOHAN P N, ADVOCATE FOR SRI. VINAY N, ADVOCATE FOR C/R1 SRI. K.S. HARISH, GA FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP NO.12316/2025, BE PLEASED TO SET-ASIDE THE INTERIM ORDER DATED 28/04/2025 PASSED IN WP NO.12316/2025 PASSED BY THE LEARNED SINGLE JUDGE AND BE FURTHER PLEASED TO DISMISS THE WP NO.12316/2025. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:44938-DB WA No. 1101 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application - I.A.1/2025, the same is allowed. Delay of 43 days in filing the appeal is condoned. 2. The appellants [BBMP] have filed the present appeal impugning an interim order dated 28.04.2025 passed by the learned Single Judge of this Court in W.P. No.12316/2025 [LB- BMP]. 3. The respondent No.1 had filed the said petition calling in question the condition imposed by BBMP requiring the writ petitioner to surrender a portion of the land with a condition for sanctioning the building plan. According to the respondents, the said condition is impermissible and without authority of law. Pending consideration of the said dispute, the learned Single Judge has directed the BBMP to consider the sanction plan 'for the extent of property, while leaving out the extent of land required to be relinquished for the purpose of road'. Thus, BBMP is only required to consider the sanction of the plan by excluding the portion of the land which, according to BBMP, is required to be surrendered. - 4 - HC-KAR NC: 2025:KHC:44938-DB WA No. 1101 of 2025 4. Considering that the controversy is pending consideration before the learned Single Judge, the impugned order cannot be faulted. It adequately protects the appellants in the event, the respondent fails in its writ petition. 5. The contention that it will not be possible for BBMP to monitor the use of the land which is excluded is insubstantial. The BBMP may earmark the land which is required to be relinquished on the sanction plans. Needless to state, if any part of that land is used, the same would be illegal and would not preclude BBMP from taking over the possession of the same in the event, the respondents fail in its writ petition. 6. The appeal is accordingly disposed of with the aforesaid observations. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 18