Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 4461 (KAR)

SRI R MUNIRAJU v. THE CHIEF COMMISSIONER

WP/1294/2026 · 2026-04-02

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 1294 OF 2026 (LB-BMP) BETWEEN: SRI. R. MUNIRAJU AGED ABOUT 74 YEARS, SON OF ITTAMADU RAMAIAH, NO.1, RAMA NILAYA, ITTAMADU MAIN ROAD, AREHALLI, BENGALURU - 560 061, &PETITIONER (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, NARASIMHA RAJA SQUARE, J.C.ROAD, BENGALURU - 560 002. 2. THE EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, CHANNAMANAKERE ACCHUKATTU SUB-DIVISION, BSK 3RD STAGE, BENGALURU - 560 085. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 3. THE ASSISTANT EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, CHANNAMANAKERE ACCHUKATTU SUB-DIVISION, BSK 3RD STAGE, BENGALURU - 560 085. 4. SRI. V. RAMAIAH AGED ABOUT 40 YEARS, S/O R. VENKATASWAMY, ITTAMADU MAIN ROAD, NEAR VBM BAKERY, ITTAMADU BSK 3RD STAGE, BENGALURU - 560 085. &RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3; SRI. K.S. NATARAJ, ADVOCATE FOR R4-ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICEL 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 3 TO IMMEDIATELY INITIATE STATUTORY LEGAL ACTION AGAINST THE 3RD RESPONDENT FOR UNDERTAKING CONSTRUCTION ON THE PROPERTY OF THE PETITIONER DESCRIBED IN THE SCHEDULE BY ILLEGALLY UNLAWFULLY PUTTING UP CONSTRUCTION AND ETC. THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 ORAL ORDER Alleging that respondent No.4 has put up construction in violation of the building bye-laws and the sanctioned plan, the present writ petition is filed by the petitioner to direct respondent Nos.1 to 3 - Greater Bengaluru Authority (for short, 'the GBA') to demolish the illegal structures constructed by respondent No.4. This Court on 22.01.2026 has passed the following order: "1. Sri Pawan Kumar, learned counsel accepts notice for respondent Nos.1 to 3. 2. Issue notice to respondent No.4 returnable by 23.02.2026. 3. Respondent No.3, along with the jurisdictional Additional Director of Town Planning, is directed to cause inspection of the property Nos.5 and 6 carved out of Survey No.34 of Ittamadu Village, Uttarahalli Hobli, Bengaluru South Taluk, to ascertain if any construction is taking place in the said property. If so, whether such construction has been sanctioned. If not, to further ascertain if the construction is in accordance with the sanctioned plan and or the building bye laws, and if there is any violation of the sanctioned plan or the building - 4 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 bye-laws, to submit a detailed report of each and every violation of the sanctioned plan or the building bye-laws, including setbacks, FAR, height, etc., 4. Since the order is passed in the presence of the counsel for the petitioner the inspection to be carried out commencing from 10.30 a.m. on 03.02.2026 after issuing a prior notice to respondent No.4 with due acknowledgment of respondent No.4. 5. Report to be submitted by 12.02.2026. 6. In the event of the construction being carried out is without a sanctioned plan or in violation of a plan sanction or building bye-laws, respondent No.3 is directed to ensure that there is no further construction which is carried out. 7. The jurisdictional police are directed to provide such assistance as requested by respondent No.3." 2. The learned counsel for the respondent Nos.1 to 3 - GBA has filed a compliance report dated 02.04.2026 and submits that there are certain violations in the construction put up by respondent No.4. However, he hastens to add that the report has been filed in accordance - 5 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 with the earlier laws that were prevailing, and that presently certain relaxations have been granted in respect of the setback area. He further submits that action will be initiated against respondent No.4 in accordance with the present laws. 3. The learned counsel for respondent No.4 is absent. 4. Hence, the following: ORDER i. The Writ Petition is hereby disposed of, with a direction to respondent Nos.1 to 3 to initiate appropriate action against respondent No.4, after giving him an opportunity of hearing in accordance with law. ii. The entire exercise regarding the unauthorised construction put up by respondent No.4 shall be completed within a - 6 - HC-KAR NC: 2026:KHC:18099 WP No. 1294 of 2026 period of four (04) months from the date of receipt of certified copy of this order. iii. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 41