- 1 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 2048 OF 2020 (BDA) BETWEEN: SRI. V.K. PATEL S/O LATE SOBHNATH AGE 54 YEARS R/AT NO.114, 1ST FLOOR, 5TH CROSS, MANJUNATHNAGAR 2ND PHASE, RAJAJINAGARA BANGALORE-560010 …PETITIONER (BY SRI. T.C. SHIVAKUMARAPPA, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY HEAD OFFICE T.CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 2. THE EXECUTIVE ENGINEER WEST DIVISION B.D.A M.R.C.R SHOPPING COMPLEX VIJAYANAGAR BANGALORE-40 3. THE CHIEF COMMISSIONER BHRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU-560 002 Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 [R3 IMPLEADED AS PER ORDER DTD.24.10.2025 …RESPONDENTS (BY SRI. SRINIVAS BHAT, ADVOCATE FOR R1 AND R2; SRI. B.L. SANJEEV, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO PROCEED WITH CONSTRUCTION OF HOUSE AS PER SANCTION PLAN ISSUED BY THE RESPONDENT DATED 12.10.2010 PRODUCED AS ANNEXURE-H OR DIRECTION TO COMPLY WITH THE ORDER PASSED BY THE R-2 IN CASE NO.17/2006-07 DTD.9.8.2011 PRODUCED AS ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to permit him to proceed with the construction of the house as per the sanctioned plan issued by the respondent No.3 dated 12.10.2010. He has also sought for a writ in the nature of mandamus to direct the respondent Nos.1 and 2 to allot an alternate site of similar size and dimensions as per the proceedings dated 10.09.2013 initiated by respondent No.1. - 3 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 2. (i) The petitioner claims that a site bearing No.32/3, BBMP Khatha No.176/32/3, measuring 6.10 X 12.19 meters, situated at 2nd Block, 2nd Stage, Nagarabhavi, Bangalore, was allotted in favour of one Smt.Kamala Narayana vide allotment letter dated 03.02.2007 issued by the respondent No.1. Following the allotment, the respondent No.1 executed a sale deed dated 13.03.2007 conveying the aforesaid site to her. (ii) Later, Smt.Kamala Narayana sold the site to Sri.C.Anand, in terms of a sale deed dated 26.03.2007 and the said Sri.C.Anand sold it to the petitioner in terms of a sale deed dated 13.10.2009. The petitioner claims that his name is entered in the property register and he has paid the property tax to the respondent No.3. It is contended that he submitted an application before the respondent No.3 seeking approval of a building plan and accordingly, the respondent No.3 approved the plan in the year 2011. After obtaining the plan, he sunk a borewell and started construction. However, the respondent No.1 deleted the site from the approved layout plan. The petitioner therefore made a representation for identification of the property and its boundaries by conducting a survey. - 4 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 (iii) The respondent No.2 instead of identifying and fixing the boundaries, passed an order stating that the property of the petitioner lies within the buffer zone as per RMP-2015 and hence, directed that an alternate site would be allotted. The petitioner contends that at the time of allotment of the site, on the northern side there was a civic amenity property, which belonged to the respondent No.3, which is allotted to a hospital. He contends that from the year 2011, he has been struggling to construct a house over his property, but the hospital has constructed a multi-storied building and is running a hospital. He contended that in the year 2013, the Assistant Executive Engineer - Bangalore Development Authority passed an order to allot an alternate site to the petitioner, but no steps are taken till date by respondent No.1. 3. The learned counsel for the petitioner submits that in similar circumstances, a Co-ordinate Bench of the this Court in W.P.No.15298/2020, has held as follows: "7. The position of law is required to be clarified since several such complaints/petitions are being filed by the citizens of this city who have been declined approval of plan on the ground that certain directions are given by - 5 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 the NGT. In view of the orders passed by the Hon'ble Supreme Court of India setting aside the directions given by the NGT, what remains is the implementation of the Zonal Regulations, RMP-2015 and subsequent revised master plan, if any has been approved and newly notified. As noticed earlier, the requirement of having a buffer zone of 50 meters, 25 meters and 15 meters should be made applicable only to Drains newly identified while finalizing the RMP-2015 and at any rate it should not be applicable to the drains that were already in existence prior to finalization of RMP-2015. If layouts are formed prior to finalization of RMP-2015, the requirement of setting apart buffer zone as contemplated in the zonal regulation of RMP-2015 is not applicable." 4. He therefore contends that site in question was allotted to the predecessors of the petitioner in the year 2007, that is much prior to the Revised Master Plan, 2015 (henceforth referred to as 'RMP-2015') coming into force and therefore, the buffer limits applicable under the RMP-2015 are not applicable to layouts, which were already formed prior to the finalization of RMP-2015. He therefore prays that the respondents be directed to permit the petitioner to go on with the construction as sanctioned by respondent No.3. - 6 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 5. Learned counsel for the respondent Nos.1 and 2 does not dispute the fact that when the site in question was allotted to the predecessor of the petitioner, the buffer limits was not applicable to the site in question and therefore, the petitioner cannot be expected to give up his site pursuant to the applicability following buffer limits as per RMP-2015. 6. In that view of the matter, the following order is passed: ORDER i. This petition is allowed; ii. The respondent Nos.1 to 3 are directed to restore the site of the petitioner bearing No.32/3 in the approved layout plan of II stage, Nagarbhavi and permit the petitioner to go ahead with the construction over the site bearing No.32/3, BBMP Khatha No.176/32/3, measuring 6.10 X 12.19 meters, situated at 2nd Block, 2nd Stage, Nagarabhavi, Bangalore, in accordance with the sanctioned plan dated 12.10.2010 and complete the same within two years from today. - 7 - HC-KAR NC: 2026:KHC:32876 WP No. 2048 of 2020 iii. It is made clear that the respondents shall not disturb the petitioner in putting up construction so long as the construction is in accordance with the sanctioned plan. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 32