- 1 - HC-KAR CNR: KAHC010311282025 NC: 2026:KHC:45161-DB WA No. 816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 816 OF 2025 (LB-BMP) BETWEEN: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE REP BY HEAD OF LEGAL CELL AND DELEGATED AUTHORITY OF THE CHIEF COMMISSIONER OF THE BBMP. MR.CHANDRASHEKAR PATIL, AGED ABOUT 65 YEARS, N.R SQUARE, BENGALURU 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER GOVINDARAJ NAGAR/ CHANDRALAYOUT SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, SHAKTHI SOUDHA, 4TH 'B' MAIN ROAD, 13TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BENGALURU-560 040. PRESENTLY AT: THE ASSISTANT EXECUTIVE ENGINEER, CHANDRALAYOUT SUB-DIVISION ZONE-2, BWCC (EARLIER BBMP), PALIKE SOUDHA, 2ND FLOOR, 14TH CROSS ROAD, CHANDRALAYOUT 1ST STAGE, BENGALURU-560 072 …APPELLANTS (BY SRI. NAVEEN CHANDRASHEKAR, ADVOCATE) Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010311282025 NC: 2026:KHC:45161-DB WA No. 816 of 2025 AND: SRI. BHASKAR RAO, S/O.A.SHIVA RAMA RAO, AGED ABOUT 69 YEARS, R/A NO.146, 6TH CROSS, CENTRAL TEACHERS SOCIETY, NAGARABHAVI 1ST STAGE, BANGALORE – 560 072. …RESPONDENT (BY SRI. PARIKSHITH MALIYE, ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WP No-21041/2021 (LB-BMP) BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT DATED 19.02.2025 AND CONSEQUENTLY DISMISS THE WP No-21041/2021 (LB-BMP) FILED BY THE RESPONDENT NO-1. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present Intra Court Appeal has been filed impugning the judgment and order dated 19.02.2025 passed by the Writ Court in Writ Petition No.21041/2021. 2. Learned counsel Sri. Naveen Chandrashekar appearing for the appellants submits that appellant-authority is - 3 - HC-KAR CNR: KAHC010311282025 NC: 2026:KHC:45161-DB WA No. 816 of 2025 aggrieved by the observation made by the learned single Judge in paragraph 7 of the impugned judgment, inasmuch as, the deviation aspect of the building plan sanctioned under the Karnataka Municipal Corporation Act and the rules made thereunder are to be regularised, where such building plan was sanctioned up to 28.05.2014, i.e., the date of promulgation of the Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2014 (hereinafter referred to as Rules, 2014 for short). 3. The respondent/petitioner's case is not covered under the Rules, 2014. Under sub-Rule 3 of Rule 1 of the said Rules, 2014 it is specifically provided that the aforesaid Rules should be applicable to all unauthorised developments that would have been taken place on or after the approval of the first Master Plan of the respective cities or towns, but before 19.10.2013. Thus, any unauthorised construction/ development which would have taken place after 19.10.2013 would not be governed under the aforesaid Rules. However, if the respondent is entitled - 4 - HC-KAR CNR: KAHC010311282025 NC: 2026:KHC:45161-DB WA No. 816 of 2025 to regularisation under the scheme framed by the Bruhat Bengaluru Mahanagara Palike, now the Greater Bengaluru Authority (for short, 'GBA') the respondent’s case shall be considered under the said scheme and if possible, the unauthorised construction would be regularised to the extent permissible. 4. Considering the said submission, we dispose of this appeal to permit the respondent to apply for regularisation of his alleged unauthorised construction under the applicable scheme. The appellant should consider the application under the scheme, in accordance with the law, to regularise the unauthorised construction put up by the respondent to the extent permitted. 5. We grant 4 weeks’ time to the respondent to apply in prescribed form for regularisation of unauthorised construction and the GBA should take decision after issuing due notice to the respondent in accordance with law. - 5 - HC-KAR CNR: KAHC010311282025 NC: 2026:KHC:45161-DB WA No. 816 of 2025 6. With the aforesaid modification of the judgment, we dispose of the Writ Appeal. Interlocutory applications, pending if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 2 Sl No.: 17