- 1 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 35621 OF 2025 (LB-BMP) BETWEEN: 1. MR. SATYAPRASAD KESHAVAMURTHY MUGALUR S/O KESHAVAMUTHY MUGALUR AGED ABOUT 69 YEARS NO.11/21, 4TH CROSS, 1ST BLOCK JAYANAGAR, BANGALORE 560 011. …PETITIONER (BY SRI. V. SANJAY KRISHNA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR (TOWN PLANNING) BRUHAT BENGALURU MAHANAGARA PALIKE R.R. NAGAR ZONE, BENGALURU-560 098. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE R.R. NAGAR ZONE, BENGALURU-560 098. 4. EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 HEMMIGEPURA WARD-198 KENGERI SATELITE TOWN ROAD BENGALURU-560 098. 5. SRI. MALLESH S/O NARAYANA AGED ABOUT 52 YEARS RESIDING AT NO.8 VAIBHAV SUMUKH ENCLAVE MALLASANDRA VILLAGE UTTARAHALLI HOBLI BENGALURU SOUTH TALUK - 560 061. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4; SRI. PUNDIKAI ISHWAR BHAT, ADVOCATE FOR R5) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NOS.1 TO 4 HEREIN TO TAKE NECESSARY ACTION AGAINST THE 5TH RESPONDENT RESTRAINING HIM FROM CREATING THIRD PARTY INTEREST OR ALIENATING THE PETITION SCHEDULE PROPERTY 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:14787 WP No. 35621 of 2025 ORAL ORDER The petitioner has made a complaint to respondent nos.1 to 4 that respondent no.5, who is his neighbor has put up construction without any sanctioned plan and in violation of the building bye-laws and without leaving any setback. It is also alleged that respondent no.5 has encroached upon 1 x 50 feet of the property of the petitioner. 2. Respondent no. 5 has denied such illegalities as alleged against him. 3. To find out the truth, this Court on 28.01.2026 has passed the following order: "1. Sri Pawan Kumar, learned counsel accepts notice for respondent Nos.1 to 4. 2. Issue emergent notice to respondent No.5 returnable by 24.02.2026. 3. Respondent Nos.2 and 3 are directed to conduct a joint inspection of the property of the petitioner. 4. For the purpose of ascertaining: a. Whether any construction or development activity is carried out or is being carried out on the said properties; b. Whether such construction or development is supported by a valid building plan sanction - 4 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 issued by the competent authority under the applicable municipal and planning laws; c. Whether the construction, if sanctioned, is carried out or being carried out strictly in accordance with the sanctioned plan, zoning regulations, and development control norms; and d. Where no sanctioned plan exists, whether the construction conforms to the applicable building bye-laws, zoning regulations, and land-use prescriptions under the Master Plan. 5. The inspection shall include physical measurement, verification of setbacks, floor area ratio, coverage, height, land-use conformity, and compliance with zoning regulations. 6. Respondent Nos.2 and 3 shall prepare a speaking inspection report, identifying each violation separately, with specific reference to the provisions of the KTCP Act, the municipal law in force, the sanctioned plan (if any), and the applicable building bye-laws. 7. In the event any the construction being found to be: a. without a valid plan sanction; or b. contrary to the sanctioned plan; or c. in violation of zoning regulations or building bye-laws, 8. Respondent Nos.2 and 3 shall, forthwith, ensure stoppage of all further construction activity on the said property, including by issuance of appropriate - 5 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 stop-work notices and initiation of statutory proceedings in accordance with law. In the event of construction not being stopped, respondent Nos.2 and 3 shall seal construction site. 9. The inspection shall be conducted commencing from 10:30 a.m. on 04.02.2026, after issuance of prior notice to respondent No.5 and such notice shall be duly acknowledged prior to the date of inspection. 10. The inspection report, along with supporting measurements, sketches, photographs, and copies of relevant records, shall be filed before this Court on or before 11.02.2026. 11. In the event of any apprehension of breach of peace or obstruction during the inspection, survey, or measurement, upon a requisition made by respondent Nos.2 and 3, the jurisdictional police authorities shall extend necessary police protection to ensure due implementation of these directions. 12. Re-list on 11.02.2026." 4. Pursuant to the aforementioned order, learned counsel for-Bruhat Bengaluru Mahanagara Palike (BBMP) now Greater Bengaluru Authority (GBA) has filed a compliance report dated 18.02.2026 and upon instructions submits, respondent no.5 has put up construction without obtaining any sanctioned plan. He further submits that the construction put up is also in violation of the building bye-laws and he has put - 6 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 up construction without leaving any setback. He further submits that action will be initiated against respondent no.5 and the illegal structure will be demolished after Passing appropriate orders. 5. A citizen is expected to be law abiding and if he puts up an illegal construction, the same is liable to be demolished. A duty is also cast upon the authorities concerned to demolish the illegal structures. 6. However, learned counsel for respondent nos.1 to 4 also submits that it is permissible in law that in case of an illegal construction being already put up if the person concerned submits a modified plan and requests for regularization of the construction by giving an undertaking that he would remove those constructions which is in violation of the law, then in that event the permissible construction under the building bye-laws can be regularized by issuing necessary sanction plan. 7. Learned counsel for the petitioner submits that if respondent no.5 were to put up a construction in accordance with law on his site, he has no objections. - 7 - HC-KAR NC: 2026:KHC:14787 WP No. 35621 of 2025 8. Hence, the following: ORDER (i) Petitioner and respondent no.5 shall appear before the jurisdictional Joint Commissioner of Greater Bengaluru Authority (GBA) Bengaluru South on 06.04.2026 without further notice; (ii) The Joint Commissioner after hearing the petitioner and respondent no.5 and taking into consideration the aforementioned observations made in this order shall pass appropriate orders and take necessary steps to remove illegal constructions put up by respondent no.5 on the property in accordance with law; (iii) The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 17