- 1 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16251 OF 2025 (LB-BMP) BETWEEN: SMT. UMASWAMY W/O T. PUTTASWAMY AGED ABOUT 69 YEARS, R/AT NO.18, 21ST CROSS, BANGALURE-98 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP N.R. SQUARE BANGALORE-01 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING (WEST) WEST ZONE, BHASYAM PARK, BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560021. 3. THE ASSISTANT ENGINEER OFFICE OF TOWN PLANNING WEST ZONE, BHASYAM PARK, BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560001. …RESPONDENTS (BY MS. SINCHANA M.R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH, THE ORDER DATED 25-04-2025 PASSED BY THE 1ST RESPONDENT (THE CHIEF COMMISSIONER, BBMP) IN APPEAL NO.17/2025 VIDE ANNEXURE -J TO THE WRIT PETITION AND CONSEQUENTLY ALLOW THE APPEAL FILED BY THE PETITIONER BY SETTING ASIDE THE CONFIRMATION ORDER DATE: 10-09-2024. BEARING NO.SA.NI.NA.YO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 (PA)/CO/85/24-25, ISSUE UNDER SECTION 248(3) OF THE BBMP ACT, 2020 (VIDE ANNEXURE H). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs-: a) "Issue a writ of Certiorari or any other writ of like nature and quash, the order dated 25-04-2025 passed by the 1st respondent (The Chief Commissioner, BBMP) in Appeal No.17/2025 vide Annexure -J to the writ petition and consequently allow the appeal filed by the petitioner by setting aside the confirmation order date: 10-09-2024 bearing NO.SA.NI.NA.Yo (PA)/CO/85/24-25, issue under section 248(3) of the BBMP Act, 2020 (vide Annexure H) and, b) Grant any other remedy that this Hon'ble Court deems fit, in the interest of justice and equity." 2. Pursuant to the confirmation order issued under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020, the petitioner preferred an appeal before the Chief Commissioner. The said appeal also having been rejected, the petitioner has approached this Court seeking the aforesaid relief. - 3 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 3. This Court having directed an inspection, the inspection report has been filed on 11.09.2025. A perusal of the inspection report indicates that the alleged violation essentially pertains to the setback requirements. While the setback in the front portion of the building has been maintained, the setbacks on the rear, left, and right sides are not in conformity with the applicable building bye-laws as on the date of inspection, namely 07.07.2025. It is, however, not in dispute that subsequent thereto, an amendment has been brought into force with effect from 05.01.2026, reducing the prescribed setbacks. 4. Learned counsel appearing for the petitioner submits that in view of the revised regulations brought into force on 05.01.2026, the alleged setback violations would fall within the permissible limits and, therefore, no violation would subsist under the amended bye-laws. 5. In that view of the matter, learned counsel submits that the petitioner undertakes to submit an - 4 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 application for revised plan sanction within a period of fifteen (15) days from today, which application may be considered by the respondents in accordance with the applicable bye-laws. 6. It is further submitted that the petitioner undertakes not to carry out any further construction and not to put the property to use until the application for revised plan sanction is considered and appropriate orders are passed by the respondents. 7. In that view of the matter, I pass the following:- ORDER i. The writ petition is disposed of. ii. The order at Annexures - J dated 25.04.2025 passed by the Chief Commissioner is kept under suspension till the modified plan applied for by the petitioner is considered by the respondents. iii. The petitioner is permitted to submit an application for modified plan sanction on or before 16.02.2026. Upon such application being filed, the respondents shall consider the same and pass - 5 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 appropriate orders strictly in accordance with the applicable building bye-laws and regulations as in force on the date of submission of the modified plan, within a period of thirty (30) days from the date of receipt of the application. iv. Pending consideration and disposal of the application for modified plan sanction, the parties shall maintain status quo as on today in respect of the subject property. During the said period, no coercive action including demolition, sealing, or removal of construction, shall be initiated by the respondents, subject to the petitioner not carrying out any further construction and not putting the property to use. v. Upon submission of the application for modified plan sanction, the respondents shall conduct a single, consolidated inspection of the subject property through their authorised officers for the limited purpose of verifying conformity with the modified plan and the applicable building bye-laws - 6 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 and regulations. The inspection report so prepared shall form the basis for consideration of the application and for passing orders thereon. vi. In the event the modified plan is sanctioned and the existing construction is found to be in conformity with the modified plan sanction, the order dated 25.04.2025 passed by the Chief Commissioner under Section 248(3) of the BBMP Act, 2020 shall stand quashed. vii. In the event the construction is found not to be in conformity with the modified plan sanction and/or the applicable building bye-laws and regulations, the petitioner shall bring the construction in conformity with the applicable regulations within a period of sixty (60) days from the date of communication of the order passed by the respondents. viii. Failure to comply with clause (vii) within the stipulated period shall result in the automatic revival and enforceability of the order dated - 7 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 25.04.2025 passed under Section 248(3) of the BBMP Act, 2020, without the necessity of any further notice, hearing, or order, and respondent No.2 shall thereafter be at liberty to proceed with enforcement action, including removal of such portion of the construction as is in violation of the applicable regulations, strictly in accordance with law. ix. It is made clear that this order is passed in the peculiar facts and circumstances of the present case, having regard to the subsequent amendment to the applicable building bye-laws and the limited nature of the alleged violation. This order shall not be treated as a precedent, nor shall it confer any equitable or vested right upon the petitioner or any third party. The respondents shall be at liberty to proceed strictly in accordance with law in all other cases, and this order shall not be cited to claim paritssy or equitable relief in respect of any alleged violation under the Bruhat - 8 - HC-KAR NC: 2026:KHC:5514 WP No. 16251 of 2025 Bengaluru Mahanagara Palike Act, 2020 or the building bye-laws framed thereunder. Sd/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 25