Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15295 WP No. 8529 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8529 OF 2026 (LB-BMP)
BETWEEN:
1.
SMT. MEENA JAIN W/O NEMICHAND JAIN AGED ABOUT 53 YEARS
2.
SRI. NEMICHAND JAIN S/O LATE B.L. JAIN AGED ABOUT 55 YEARS
BOTH RESIDING AT NO.803 76TH 'A' CROSS, 6TH BLOCK RAJAJINAGAR, BENGALURU-560 010. …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER GREATER BANGALORE AUTHORITY N.R.SQUARE, BANGALURU-560 002.
2.
THE ASSISTANT DIRECTOR OF TOWN PLANNING, WEST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560 048.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15295 WP No. 8529 of 2026
3.
THE ASSISTANT ENGINEER TOWN PLANNING (WEST) BBMP, BENGALURU.
4.
THE EXECUTIVE ENGINEER GOVINDARAJANAGAR DIVISION BBMP, BENGALURU. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE ORDER OF RESPONDENT NO.1 I.E., CHIEF COMMISSIONER IN APPEAL NO.50/2025 ON 31/01/2026 VIDE ANNEXURE-H TO THE WRIT PETITION AND ALLOW THE APPEAL FILED BY THE PETITIONERS AND CONSEQUENTLY QUASH THE CONFIRMATION
ORDER DATED 15.04.2024 BEARING NO:SA.NI.NA.YO(PA)/C.O/90/2023-24 PASSED UNDER 248(3) OF THE BBMP ACT ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE E AND DEMOLITION ORDER DATED 26.06.2024 BEARING NO.Kaa.paa.Aa(GooNa)/PR/08/2024 PASSED UNDER 356(2) OF THE BBMP ACT BY THE RESPONDENT NO.3 VIDE ANNEXURE F, TO THE WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2026:KHC:15295 WP No. 8529 of 2026
ORAL ORDER
On the ground that the petitioners have violated building bye-laws and the sanctioned plan, proceedings have been initiated against them by respondents-Bruhat Bengaluru Mahanagara palike (BBMP), now Greater Bengaluru Authority (GBA). Aggrieved by the same, the present writ petition is filed.
2. However, learned counsel for the petitioners is not in a position to demonstrate what is the error in the impugned orders. Nevertheless, he submits that certain portions of the building can be saved if a decision is taken by the authorities concerned based upon the amended regulations.
3.
Learned counsel for the respondents-BBMP, now GBA fairly submits that they are willing to consider the case of the petitioners as per the amended regulations provided they make necessary applications within a period of two weeks from today.
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HC-KAR NC: 2026:KHC:15295 WP No. 8529 of 2026
4. Hence, the following:
ORDER (i) The petitioners are given liberty to make representations to respondent no.2 and show how a portion of their building can be saved in the light of the amendments to the concerned regulations and also in the light of them purchasing premium FAR, if permitted in law; (ii) The concerned officer of the respondents is
directed to consider the case of the petitioners in accordance with law provided the petitioners file such application within two weeks as aforementioned and pass appropriate orders thereafter; (iii) Till such a decision is taken, the impugned orders shall be kept in abeyance; (iv) The writ petition stands disposed of accordingly.
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HC-KAR NC: 2026:KHC:15295 WP No. 8529 of 2026
Pending interlocutory applications, if any, stand
disposed of.
SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 5