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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
Rajasri Apartment Owners Association – Appellant
Versus
Commissioner, Bruhat Bangalore Mahanagara Palike – Respondent
ORDER :
S. SUNIL DUTT YADAV, J.
1. The present petition has been filed by the Rajsri Apartment Owners Association and other local residents calling in question the revised No Objection Certificate (NOC) bearing No.GBC(1)195/2013 dated 13.06.2023 at Annexure Q. By virtue of the said NOC, the Karnataka State Fire and Emergency Services Department – Respondent No.4, while considering the request for grant of NOC pursuant to a proposal of revised plan, has granted an NOC.
The petitioner has also sought for setting aside of the modified sanction plan bearing No.BBMP/Addl.Dir/JD South/LP/0021/20-21 dated 31.08.2021 at Annexure H, H1 and H2. By virtue of the said modified sanction plan, the respondent No.3 who is the builder had sought to modify the sanction plan which earlier consisted of residential building into a mixed development including a commercial space. The residential development consists of Block A - Wing A and B, and the commercial unit consists of Block B[The nomenclature is as per the Fire no objection certificate.]. The grievance of the petitioner as regards such modified plan on various grounds is dealt with later.
Petitioner has also sought for consideration of the represen
Mandatory adherence to fire safety norms necessitates maintaining appropriate setbacks in high-rise constructions to prevent hazards and ensure emergency access.
(1) Rules applicable to High Rise Buildings cannot be applied to buildings which are not High Rise Buildings – SDMC cannot keep sanction of Revised Building Plan submitted by Appellant in abeyance in....
(1) Breach by planning authority of its obligation to ensure compliance with building regulations is actionable at instance of residents whose rights are infringed by violation of law. Their quality ....
Plot under development/redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height....
The Rules, 1999 are absolutely of technical nature in regard to building construction, and therefore until and otherwise it is established that any of the rule or rules has any sort of technical flaw....
Minor procedural lapses in documentation should not invalidate substantive approvals for building height clearance, as established by prior decisions of the Appellate Committee.
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