- 1 - HC-KAR NC: 2026:KHC:17821 WP No. 3889 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3889 OF 2026 (LB-BMP) BETWEEN: 1. MR BILAVINAKATH ZIAUDDEEN S/O S.V. ZAINUDDEER AGED ABOUT 75 YEARS 2. MRS. MAILANCHIKKAL ARIFA ZIAUDDEEN W/O BILAVINAKATH ZIAUDDEEN AGED ABOUT 66 YEARS BOTH RESIDING AT : NO.111 SHELTER APARTMENTS PALMGROVE ROAD VICTORIA LAYOUT BENGALURU-560 047. …PETITIONERS (BY SRI. VIJETH B.RAJ, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PAILKE HUDSON CIRCLE, N.R.SQUARE BENGALURU-560 002. 2. THE ZONAL COMMISSIONER BRUHATH BENGALURU MAHANAGARA PAILKE WEST ZONE, BHASHYAM PARK Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17821 WP No. 3889 of 2026 SHESHADRIPURAM BENGALURU-560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PAILKE WEST ZONE, SHANTHINAGARA SUB-DIVISION SUBHASH CHANDRA BOSE BUILDING (P.U.B) 7TH FLOOR, M.G.ROAD, BENGALURU-560 001. 4. EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE SHANTHINAGARA SUB-DIVISION SUBHASH CHANDRA BOSE BUILDING (P.U.B) 9TH FLOOR, M.G. ROAD, MAYOHALL BENGALURU-560 001. …RESPONDENTS (BY SRI. VAIBHAV RAVI MALIMATH, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CONFIRMATION ORDER UNDER SECTION 248(3) OF THE BBMP ACT, 2020 DATED 11.06.2024 (ANNEXURE-B), BEARING NO.Sa.Kaa.A/Shaam.Na/Vaa-111/C.O/01/24-25 PASSED BY RESPONDENT NO.3, PROVISIONAL ORDER DATED 24.05.2024 PASSED UNDER SECTION 248(1) OF THE BBMP ACT, 2020 (ANNEXURE-C) BEARING NO.Sa.Kaa.A/Shaa.Na/Vaa- 111/P.O/01/24-25 PASSED BY RESPONDENT NO.3, SHOW CAUSE NOTICE ISSUED UNDER SECTION 248(1) OF THE BBMP ACT, 2020 (ANNEXURE-D) DATED 24.05.2024 BEARING NO.Sa.Kaa.A/Shaam.Na/Vaa-111/P.O(2)/01/24-25 PASSED BY RESPONDENT NO.3, DEMOLITION ORDER PASSED UNDER - 3 - HC-KAR NC: 2026:KHC:17821 WP No. 3889 of 2026 SECTION 356 (1) OF THE BBMP ACT, 2020 DATED 23.07.2024 (ANNEXURE-E) BEARING NO.EE(SN)/356(1)/02/2024-25 PASSED BY RESPONDENT NO.4 AND ALL OTHER SUBSEQUENT NOTICES WITH RESPECT TO THE SCHEDULE PROPERTY WITH RESPECT TO THE SUBJECT MATTER OF THIS PETITION AS BEING ILLEGAL, ARBITRARY AND PASSED WITHOUT JURISDICTION OR AUTHORITY OF LAW 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 ORAL ORDER 1. Action was initiated against the petitioners by respondents-Bruhat Bengaluru Mahanagara Palike (BBMP) now Greater Bengaluru Authority (GBA) for demolition of the building constructed by the petitioners and the impugned orders have been passed. Aggrieved by the same, the present writ petition is filed. 2. During the course of the proceedings, by virtue of interim order passed on 21.02.2026, BBMP has again inspected the property of the petitioners and submits that the petitioners - 4 - HC-KAR NC: 2026:KHC:17821 WP No. 3889 of 2026 have not obtained the necessary plan sanction and the building is also in violation of the present building bye-laws. 3. No person has a right to put up construction in violation of building bye-laws and sanctioned plan. However, the petitioners submit that they may be permitted to apply for a modified sanction plan and save the construction put up as per the building bye-laws. 4. Learned counsel for respondents-BBMP/GBA submits that, they will only demolish that extent of the building which is in violation of the building bye-laws and further submits that, if petitioners would apply for a modified sanction plan, the same would be considered in accordance with law and will be granted. 5. Hence, the following: ORDER (i) Liberty is granted to the petitioners to apply for a modified sanction plan; - 5 - HC-KAR NC: 2026:KHC:17821 WP No. 3889 of 2026 (ii) Respondents-GBA is directed to demolish only that portion of the property which is in violation of the building bye-laws; (iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 53