Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14303 (KAR)

MAMATHA M N v. THE ADDITIONAL CHIEF SECRETARY

WP/35669/2025 · 2026-03-24

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16462 WP No. 35669 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 35669 OF 2025 (LB-BMP) BETWEEN: 1. MAMATHA M.N. D/O M.NAGARAJ AGED ABOUT 40 YEARS RESIDING AT:- #126/10 1ST MAIN, VITTAL MEDICAL STORES KEMPEGOWDA NAGAR BANGALORE SOUTH GAVIPURAM EXTENSION BANGALORE SOUTH, BANGALORE KARNATAKA-560 019. 2. KAMALAMMA W/O M.NAGARAJ AGED ABOUT 40 YEARS RESIDING AT:- #126/10 1ST MAIN, VITTAL MEDICAL STORES KEMPEGOWDA NAGAR BANGALORE SOUTH GAVIPURAM EXTENSION BANGALORE SOUTH, BANGALORE KARNATAKA-560 019. …PETITIONERS (BY SRI. NATARAJ D., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16462 WP No. 35669 of 2025 AND: 1. THE ADDITIONAL CHIEF SECRETARY URBAN DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001. 2. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY N.R.SQUARE, BENGALURU-560 002. 3. THE ASSISTANT DIRECTOR TOWN PLANNING, GBA CENTRAL N.R.SQUARE, BENGALURU-560 002. 4. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL MAHANAGARA PALIKE DHARMARAYA SWAMY DEVASTHANA SUB DIVISION, J.C.ROAD, BENGALURU-560 002. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. K.S.MALLIKARJUNA REDDY, ADVOCATE FOR R2, R3 & R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE/ORDER DATED- 05/05/2025 AT ANNEXURE-C BEARING NO.PO/30/25-26 ISSUED BY RESPONDENT NO.2 AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:16462 WP No. 35669 of 2025 ORAL ORDER 1. Admittedly, the petitioner has put up construction without obtaining the necessary sanctioned plan, hence, respondents have initiated action to have the same demolished. I do not find any error in the action of Greater Bengaluru Authority (GBA) in this regard. However, learned counsel for the petitioner submits that, building has been constructed inadvertently without obtaining a necessary sanctioned plan. He further submits that he may be permitted to apply for a fresh plan sanction and that he is willing to remove that part of the building which is in violation of building bye-laws after respondent-authorities consider his application for a fresh sanction plan. 2. Learned counsel for respondents-GBA has no objection for the same. 3. Hence, the following: ORDER 1. The petitioner shall submit the necessary application for grant of sanction plan for the - 4 - HC-KAR NC: 2026:KHC:16462 WP No. 35669 of 2025 building being constructed by him within a period of three weeks from today; 2. If such an application is made within three weeks from today, respondent no.3 shall consider the same in accordance with law and pass appropriate orders; 3. Thereafter, any construction made by the petitioner in violation of the decision taken by respondent no.3, shall be removed; 4. The petitioner shall not put up any further construction on the property till a decision is taken by respondent no.3 in this regard; 5. The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 3