- 1 - HC-KAR NC: 2026:KHC:20715 WP No. 10947 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10947 OF 2026 (LB-BMP) BETWEEN: 1. DR. S.B.GANGADHAR AGED ABOUT 68 YEARS S/O LATE SRI BHADRAIAH R/AT NO.12, 4TH CROSS BAPUJI LAYOUT, VIJAYANAGAR BANGALORE-560 040. …PETITIONER (BY SRI. SUBHASH CHANDRA BOSE, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQAURE, BANGALORE-560 001. 2. ZONAL COMMISSIONER (WEST) BBMP COMMERCIAL COMPLEX BUILDING 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK JAYANAGAR, BANGALORE-560 011. 3. THE ASSISTANT DIRECTOR OF URBAN PLANNING (SOUTH CENTER) BBMP COMMERCIAL COMPLEX BUILDING 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK JAYANAGAR, BANGALORE-560 011. …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20715 WP No. 10947 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT DIRECTION AND TO QUASH THE IMPUGNED JUDGMENT/ FINAL ORDER DATED 06.03.2026 PASSED IN APPEAL NO.62/2025 BY THE CHIEF COMMISSIONER, AT BENAGLURU, TRUE COPY OF WHICH IS PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. On the ground that petitioner has put up construction in violation of building bye-laws and sanctioned plan, proceedings have been initiated against the petitioner and the impugned orders have been passed, wherein, petitioner has been directed to remove construction put up in violation of the sanctioned plan. I do not see any error in the orders passed. 2. However, learned counsel for the petitioner submits that, in view of the recent amendments to the laws relating to the leaving of set back, some of the excessive construction put up by the petitioner can be saved and a direction may be issued to - 3 - HC-KAR NC: 2026:KHC:20715 WP No. 10947 of 2026 the respondent authorities to consider the same in accordance with law. 3. Learned counsel for respondents submits that the impugned orders have been passed without taking into consideration the present amended bye-laws and as per the bye-laws, some of the excessive construction put up by the petitioner can be saved. He further submits that respondents will consider the case of the petitioner in the light of the amended laws and then will pass appropriate orders in accordance with law. His submission is placed on record. 4. Hence, the following: ORDER (i) Petitioner is granted three weeks time from today to make necessary application for seeking modified sanctioned plan; (ii) If such an application is made within the said period, respondents shall consider the same in accordance with law within a period of three months thereafter and pass appropriate orders; - 4 - HC-KAR NC: 2026:KHC:20715 WP No. 10947 of 2026 (iii) If any construction put up by the petitioner in violation of present buildings bye-laws, the petitioner shall remove the same; (iv) Till an order is passed by the authorities concerned, no precipitative action will be taken against the petitioner; (v) Petitioner will not put up any additional construction on the property concerned till appropriate orders are passed by the respondents; (vi) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 7