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2026 DAILYLAW 8480 (KAR)

SMT S NIRMALA v. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY

WP/2040/2026 · 2026-04-23

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22263 WP No. 2040 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2040 OF 2026 (LB-BMP) BETWEEN: SMT. S. NIRMALA W/O SRI. HARINARAYANA SINGH, AGED ABOUT 55 YEARS, RESIDING AT NO.765/17, 7TH 'C' CROSS ROAD, GOKUL 1ST STAGE, 2ND PHASE, MATHIKERE, DIVANARAPALYA, BENGALURU - 560 054. …PETITIONER (BY SRI. GIRISH M.K, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY, GREATER BENGALURU AUTHORITY FORMERLY BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP), N.R.SQUARE, BENGALURU - 560 001. 2. THE ZONAL COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, (B.B.M.P) (WEST), MALLESWARAM, OPP. MANTRI MALL, BENGALURU - 560 003. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22263 WP No. 2040 of 2026 3. THE ASSISTANT EXECUTIVE ENGINEER, MATHIKERE SUB-DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE (B.B.M.P) NETHAJI CIRCLE, MATHIKERE, BENGALURU - 560 054. …RESPONDENTS (BY SMT. M.R. SINCHANA, ADVOCATE OR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER TO QUASH THE BOTH IMPUGNED ORDERS IN SA KA NE HA (MATHIKERE) SIRA HA 02/24-25 DATED 07-12-2024. PASSED BY THE RESPONDENT NO.3 HEREIN AS ANNEXURE-Q AND IN APPEAL NO.315/2024 DATED 09-12-2025 PASSED BY THE RESPONDENT NO.1 HEREIN AS ANNEXURE-R BY ALLOWING THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONRFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Action has been taken against the petitioner for putting up construction in violation of the building bye- - 3 - HC-KAR NC: 2026:KHC:22263 WP No. 2040 of 2026 laws and the sanctioned plan. In this regard, a provisional order and a confirmatory order have been passed. Challenging the same, the petitioner preferred an appeal No.315/2024, which has also been dismissed. Aggrieved by the same, the present writ petition is filed. 2. This Court, on 25.02.2026 passed the following order: "1. Smt. Sinchana M.R., learned counsel accepts notice for respondent Nos.1 to 3. 2. The respondents directed to file a fresh report taking into consideration the Regulations dated 05.01.2026, considering that the property is around 600 square feet, which comes under the said Regulations. 3. Until next date, the respondents are restrained from taking any coercive steps against the petitioner for demolition or otherwise. 4. Re-list on 07.04.2026." 3. Pursuant to the said order, a memo dated 07.04.2026 has been filed by the learned counsel for the respondent - Greater Bengaluru Authority (for short, 'the - 4 - HC-KAR NC: 2026:KHC:22263 WP No. 2040 of 2026 GBA') along with a report. It discloses that the construction put up by the petitioner is much beyond the permissible limits even according to the building bye-laws and the same cannot be regularized. Under the said circumstances, I do not see any error in the Order passed by the Appellate Authority in Appeal No.315/2024. 3. For the aforementioned reasons, the Writ Petition stands dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 35