- 1 - HC-KAR NC: 2026:KHC:18022 WP No. 4281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.4281 OF 2025 (LB-BMP) BETWEEN: 1. SRI J. KANIKARAJ S/O LATE N. JOSEPH AGED 70 YEARS, 2. SMT. LILY THERESA W/O J. KANIKARAJ AGED 66 YEARS, BOTH ARE R/AT OLD NO.815 5TH A CROSS, 15TH MAIN BTM LAYOUT, 2ND STAGE BANGALORE - 560 004. &PETITIONERS (BY SRI. MURUGESH V. CHARATI, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE HUDSON CIRCLE BENGALURU - 560 002. 2. ASSISTANT DIRECTOR OF CITY PLANNING (SOUTH) COMMERCIAL COMPLEX BRUHAT BANGALORE MAHANAGARA PALIKE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18022 WP No. 4281 of 2025 9TH CROSS ROAD 9H MAIN ROAD 2ND BLOCK, JAYANAGAR BENGALURU - 560 011. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE BTM LAYOUT DIVISION BBMP COMPLEX, 2ND FLOOR LASKAR HOSUR ROAD ADUGODI BENGALURU - 560 030. &RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.02.2025 PASSED BY THE RESPONDENT NO.1 IN APPEAL NO.139/2024, APPENDED HEREIN AS ANNEXURE-A, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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:18022 WP No. 4281 of 2025 ORAL ORDER 1. On the allegation that the petitioners have put up construction in violation of the building bye-laws and the sanctioned plan, action has been initiated against the petitioners by the then Bruhat Bengaluru Mahanagara Palike, now Greater Bengaluru Authority. The impugned orders have been passed ordering demolition of certain construction put up by the petitioners. Aggrieved by the same, the present writ petition is filed. 2. It is submitted that during the course of this proceedings, amendments have been carried out to the Rules in respect of set back and it is the submission of the petitioners that the entire construction put up by them can be saved, if the present law is applied. 3. On 31.01.2026, the following interim order was passed by this Court: "1. Learned counsel for the petitioners submits that though in terms of the earlier building bye-laws, there is violation in terms of changed bye-laws and the benefits - 4 - HC-KAR NC: 2026:KHC:18022 WP No. 4281 of 2025 which have been provided, if the construction were to be considered, the same would be in accordance with law. 2. His submission is that necessary application for modified plan sanction would be filed within a period of 10 days from today i.e., on or before 10.02.2026, if such application for plan sanction is submitted, respondent No.2 is directed to consider the same in accordance with the applicable law as on the date of submission and pass necessary orders within 15 days of such receipt i.e. on or before 25.02.2026. 3. Re-list on 26.02.2026." 4. Learned counsel for the Greater Bengaluru Authority, upon instructions, submits that the property of the petitioners has been inspected by the Greater Bengaluru Authority Officers and considering the present law, they will pass appropriate orders and the earlier impugned orders will not be enforced. 5. Learned counsel for the petitioners is agreeable for the same. 6. Recording the submission of the learned counsel for the Greater Bengaluru Authority, the writ petition stands disposed of with a direction to the Greater Bengaluru Authority to - 5 - HC-KAR NC: 2026:KHC:18022 WP No. 4281 of 2025 consider request of the petitioners including their request for grant of a modified sanctioned plan in accordance with the existing laws, and thereafter initiate appropriate action against the petitioners, if there is any violation in respect of the building bye-laws. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 101