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2026 DAILYLAW 24231 (KAR)

SMT JAYA SYAL v. THE CHIEF COMMISSIONER

WA/451/2025 · 2026-06-09

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 451 OF 2025 (LB-BMP) C/W WRIT APPEAL NO. 420 OF 2025 (LB-BMP) WRIT APPEAL NO. 587 OF 2025 (LB-BMP) IN WA No. 451/2025 BETWEEN: 1. SMT JAYA SYAL W/O RAMA KANT SHARMA AGED ABOUT 45 YEARS R/AT NO. B-105 PURVA FOUNTAIN SQUARE, MARATHAHALLI, BANGALORE-560037 …APPELLANT (BY SRI. SUNIL RAO., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MANAGARA PALIKE BANGALORE-560002 2. ZONAL COMMISSIONER BRUHATH BENGALURU MANAGARA PALIKE MAHADEVPURA ZONE BANGALORE-560048 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 3. ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MANAGARA PALIKE MAHADEVPURA ZONE HOODY SUB-DIVISION, HOODY, BANGALORE-560048 4. ASSISTANT DIRECTOR OF TOWN PLANNING BRUHATH BENGALURU MANAGARA PALIKE MAHADEVPURA ZONE, BANGALORE- 560048 5. MR. RAMA KANT SHARMA S/O LATE SRI UMA KANT SHARMA AGED ABOUT 46 YEARS R/AT NO. B-105 PURVA FOUNTAIN SQUARE, MARATHAHALLI, BANGALORE-560037 …RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE., ADVOCATE FOR R1-R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No- 12011/2024 (LB-BMP) AND SET ASIDE THE DAILY ORDER DATED 10.03.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-12011/2024 (LB-BMP). IN WA NO. 420/2025 BETWEEN: 1. SRI AMARDEEP SINGH AGED ABOUT 46 YEARS, S/O PRITAM SINGH R/AT P-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU - 560037 2. SRI ANKUR GUPTHA AGED ABOUT 35 YEARS, S/O RAKESH KUMAR GUPTA R/AT P-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU - 560037 - 3 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 3. SRI. YOGESH TAYAL AGED ABOUT 35 YEARS, S/O DIWAN CHAND TAYAL R/AT K-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 4. SRI RAHUL GULATI AGED ABOUT 37 YEARS, S/O HARISH GULATI R/AT D-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU - 560037 5. SRI. PIYUSH BANSAL AGED ABOUT 50 YEARS, S/O RAMESH KUMAR BANSAL R/AT E-102, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 6. SRI. ANKUR JAIN AGED ABOUT 44 YEARS, S/O PADAM JAIN R/ATC-102, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 7. SMT. URVASHI CHANDIRAMANI AGED ABOUT 59 YEARS, W/O GOBIND CHANDIRAMANI R/AT E-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 8. SMT. JUHI GARG AGED ABOUT 50 YEARS W/O VISHAD GARG R/AT D-102 PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 9. SMT. Y RANI HITA SHEKHAR AGED ABOUT 50 YEARS, W/O Y SHEKHAR R/AT F-105, PURVA FOUNTAIN SQUARE, MARATHAHALLI, - 4 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 BENGALURU 560037 10. SMT. SWARUPA SIKHARAM AGED ABOUT 45 YEARS, W/O RAMESH BABU KUNAPAREDDY R/AT L-102, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU 560037 11. SRI ALOK AGARWAL AGED ABOUT 52 YEARS, S/O DR R C AGARWAL R/AT M-102, PURVA FOUNTAIN SQUARE, MARATHAHALLI, BENGALURU - 560037 ...APPELLANTS (BY SRI. NANDISH PATEL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU BY ITS CHIEF SECRETARY 2. COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BANGALORE - 560020. 3. ASSISTANT EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY EAST SUB DIVISION, BANGALORE - 560020 ...RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1; SRI. K.KRISHNA, ADVOCATE FOR R2 & R3; SRI. DATTATREYA PRABHU SHARMA FOR PSD R4 ON IA 2/2025) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP NO.13098/2024 AND SET ASIDE THE INTERIM ORDER DATED - 5 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 10/03/2025, PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.13098/2024. IN WA NO. 587/2025 BETWEEN: 1. SMT JUHI GARG W/O MR. VISHAD GARG, AGED 48 YEARS, RESIDENT OF FLAT NO.D-102 PURVA FOUNTAIN SQUARE APARTMENT, MARATHALLI, WARD NO.85, BANGALORE - 560037. 2. SRI VISHAD GARG S/O SHIV PRAKASH GARG AGED 52 YEARS, RESIDENT OF FLAT NO.D-102 PURVA FOUNTAIN SQUARE APARTMENT, MARATHALLI, WARD NO.85, BANGALORE - 560037. ...APPELLANTS (BY SRI. RANJITH H.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU, BY ITS CHIEF SECRETARY 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, BANGALORE-560002 3. THE JOINT COMMISSIONER - 6 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVPURA ZONE, ITPL MAIN ROAD, OPPOSITE PHOENIX MARKET CITY, RHB COLONY, MAHADEVAPURA, BENGALURU - 560 048. 4. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA ZONE, HOODI SUB-DIVISION, HOODY, BENGALURU - 560048. ...RESPONDENTS (BY SRI. B.RAVINDRANATH AGA FOR R1; SRI. K.B.MONESHKUMAR, ADVOCATE FOR R2 & R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No- 2699/2024 (LB-BMP) AND SET ASIDE THE DAILY ORDER DATED 10.03.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-2699/2024 (LB-BMP). THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 7 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the order dated 10.03.2025 passed by the learned Single Judge. 2. The petitioners/owners in the writ petition have put up temporary structures which do not form part of the sanctioned building plan, for which the BBMP has issued notices for removal of the temporary structures. These notices have been challenged on various grounds and therefore, we do not express opinion on the merits of the challenge made by the petitioners on the notices issued to them. However, the undisputed fact remains that the temporary structures put up by the petitioners are not part of the sanctioned building plan and therefore, the learned Single Judge has directed them to remove the temporary structures put up by them at their own cost, failing which the Court will be constrained to issue necessary directions to the authorities of the BBMP to remove the unauthorized temporary structures put up by the petitioners/owners. - 8 - HC-KAR NC: 2026:KHC:27614-DB WA No. 451 of 2025 C/W WA No. 420 of 2025 WA No. 587 of 2025 3. We find no infirmity with the impugned order passed by the learned Single Judge which are only interim orders and therefore, we dismiss these appeals. 4. All the contentions are left open to be urged before the learned Single Judge in the writ petition. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 20