1. The petitioner has undertaken development and construction of residential apartment in the land bearing Sy.No.98/3 of Rachenahalli Village, K.R. Puram Hobli, Bangalore East Taluk. The property measures 3,385 sq.mtrs. Petitioner has obtained a building licence for the construction of apartment consisting of stilt floor, ground floor plus three floors. Annexure-A is the sanction plan issued on 18-8-2010 by the Bruhat Bangalore Mahanagara Palike, Bangalore (for short, ‘BBMP’). According to the petitioner as per the building plan, the coverage area is 59.39% and the floor area ration is 1.79, as against the entitlement of 65% and 2.25 respectively.

2. It is his case that the height of the building reached by the petitioner under the plan was only 14.85 mtrs. He asserts that he is entitled to build up to the height of 18.00 mtrs. and put up another floor i.e., 4th floor. Hence, the petitioner applied on 13-7-2011 to the BBMP requesting for sanction of the 4th floor by modifying the building plan sanctioned vide Annexure-A. This representation is produced at Annexure-B.

3. By an endorsement dated 26-7-2011, the respondent-BBMP through the Additional Director (Town Planning) h