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2026 DAILYLAW 7818 (KAR)

SRI MOHAN H v. CHIEF COMMISSIONER

WP/5537/2025 · 2026-03-26

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17272 WP No. 5537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5537 OF 2025 (LB-BMP) BETWEEN: 1. SRI. MOHAN H S/O LATE SRI.H.HUCHAIAH, AGED ABOUT 53 YEARS, RESIDING AT NO.2127, 8TH MAIN ROAD, NEAR MANJUSHREE MEDICAL, D BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE - 560010. …PETITIONER (BY SRI.N.V.SRIKANTH, ADVOCATE) AND: 1. CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE - 560002. 2. ASSISTANT DIRECTOR (TOWN PLANNING) BRUHATH BENGALURU MAHANAGARA PALIKE, DASARAHALLI DIVISION, M E I LAYOUT, BAGALAGUNTE, HESARAGHATTA MAIN ROAD, BENGALURU - 560073. …RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17272 WP No. 5537 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.02.2025 IN APPEAL NO.177/2024 PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A 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 ORAL ORDER Action has been initiated against the petitioner by the respondent - Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP') now, the Greater Bengaluru Authority (for short, 'the GBA') for putting up construction in violation of the building bye-laws and the sanctioned plan. Aggrieved by the same, the present writ petition is filed. 2. In the course of the proceedings, the officers of the BBMP/GBA have inspected the property of the petitioner and have submitted that the same is in violation of the building bye-laws and the sanctioned plan. 3. No person has a right to put up construction in violation of the building bye-laws and the sanctioned plan. - 3 - HC-KAR NC: 2026:KHC:17272 WP No. 5537 of 2025 If any construction is put up illegally, the same is liable to be removed in accordance with law. 4. However, it is brought to the notice of this Court that subsequent to filing of the writ petition, amendments have been carried out to the building bye- laws, wherein certain relaxation in respect of the setback area which is to be left out. Hence, the Writ Petition is hereby disposed of with a direction to the respondent - BBMP / GBA, to ascertain the illegal construction and deviations in the construction put up by the petitioner in accordance with the present bye-laws and thereafter initiate appropriate action against the petitioner, in accordance with law, for demolition of such unauthorized construction. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 31