- 1 - HC-KAR NC: 2026:KHC:14374 WP No. 8472 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8472 OF 2024 (LB-BMP) BETWEEN: 1. MRS. LACHMI NANDWANI SINCE DEAD BY LR'S HARISH LAKHILAL MIRPURI AGED ABOUT 73 YEARS, S/O LAKHILAL S MIRPURI RESIDING AT NO.44, KOSHU NIVAS 2ND CROSS, WHEELERS ROAD BENGALURU-560 005. …PETITIONER (BY SRI. ABHISHEK SHARMA, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560 002. 2. THE JOINT COMMISSIONER (EAST) BANGALORE BRUHAT BANGALORE MAHANAGARA PALIKE MAYO HALL, M G ROAD BENGALURU-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14374 WP No. 8472 of 2024 3. THE ASSISTANT DIRECTOR BANGALORE SOUTH DIVISION, TOWN PLANNING - EAST, MAHO HALL, M G ROAD BANGALORE-560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER PULIKESHINAGAR SUB-DIVISION BANGALORE BRUHAT BANGALORE MAHANAGARA PALIKE ROBERTSON ROAD BENGALURU - 560 005. 5. SRI P NANDA KUMAR S/O LATE N PADMANABHAN AGED MAJOR AT NO.47, 2ND CROSS, WHEELERS ROAD PULIKESHINAGAR BANGALORE-560 005. …RESPONDENTS (BY SRI. PAVAN KUMAR, ADVOCATE FOR R.1 TO R.4; SRI. K.J. JAGADEESH, ADVOCATE FOR SRI. V.S. HEGDE, ADVOCATE FOR R.5.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOS.1 TO 4 OR THEIR OFFICIALS TO TAKE ACTION STOP THE ILLEGAL CONSTRUCTION AND TO REMOVE THE DEVIATION PORTION OF THE CONSTRUCTION MADE BY THE RESPONDENT NO.5 ON THE PROPERTY BEARING NO.47, HAVING PID NO.91-65-47, SITUATED AT 2ND CROSS, WHEELER ROAD, PULAKESHINAGAR, BENGALURU, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14374 WP No. 8472 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner is said to be a neighbour of respondent no.5. On the ground that respondent no.5 has put up construction in violation of the building bye-laws and the sanctioned plan, the petitioner made complaints to respondent nos.1 to 4-Bruhat Bengaluru Mahanagara Palike now Greater Bengaluru Authority. Respondent nos.1 to 4 have prima facie found that there has been violation of the building bye-laws and the sanctioned plan in the construction put up by respondent no.5. However, they have failed to take any action against respondent no.5. Hence, the present petition is filed with the following prayers: "a. Issue a writ of mandamus or any other appropriate writ order or direction to the Respondent No.1 to 4 or their officials to take action stop the illegal construction and to remove the deviation portion of the construction made by the Respondent No.5 on the Property bearing No.47, having PID No.91-65- 47, situated at 2nd Cross, Wheeler Road, Pulakeshinagar, Bengaluru. b. Issue a writ of mandamus or any other appropriate writ order or direction to the Respondent No.1 to 4 - 4 - HC-KAR NC: 2026:KHC:14374 WP No. 8472 of 2024 to take action by considering the representation/Complaint dated 17/11/2023, 18/11/2023 and 20/11/2023 (Annexure D, E, F & H); c. Pass any such order or orders as this Hon'ble Court deems fit to grant in the case to meet the ends of equity and justice." 2. Learned counsel for respondent No.5 is absent and proxy counsel present on his behalf is unable to assist the Court. 3. Sri Pawan Kumar, learned counsel appearing for BBMP upon instructions, submits that necessary action will be taken against respondent no.5 in pursuance of the provisional order passed under Section 248(1) and (2) of BBMP Act. 4. No person has a right to put up construction in violation of the building bye-laws and the sanctioned plan. It is very essential for orderly development of the city and peaceful living of the neighbours. If respondent no.5 has put up the construction in accordance with law, more particularly on the side which abutts the property of the petitioner, great hardship will be caused to the petitioner. - 5 - HC-KAR NC: 2026:KHC:14374 WP No. 8472 of 2024 5. Under the circumstances, respondent nos.1 to 4 are hereby directed to act in accordance with law and remove any construction put up by respondent no. 5, which is in violation of the building bye-laws and the sanctioned plan, however, subject to the rights of respondent no.5 to seek regularisation in respect of certain portions of construction, if permitted in law, Respondent Nos.1 to 4 shall act forthwith in the matter. The writ petition stands disposed of accordingly. Pending IAs., if any, do not survive for consideration and they stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 28