The Zonal Regulations of the Karnataka Town and Country Planning Act prevail over the BBMP Bye-Laws, allowing for lengthier balconies without restrictions, while still counting their area towards the floor area ratio.

CAV ORDER

1. W.P. No.1047/2025 is by a Limited Liability Partnership which is seeking for a direction to the respondents to align the Bangalore Mahanagara Palike Building Bye-laws, 2003 (hereinafter referred to as ‘BBMP Bye-Laws’ for short) and with the principles of the Karnataka Municipal Corporations Act, 1976 (KMC Act) and the Bangalore Development Authority Revised Master Plan, 2015, (RMP) particularly in relation to the balcony projections.

2. W.P. No.18838/2024 is by a Structural Engineer, who is registered in the Bruhat Bengaluru Mahanagara Palike ('the BBMP') under the Building Bye-laws and is stated to have possessed a license as a Structural Engineer. He is also seeking for a direction in the same manner as has been sought for by the other petitioner.

3. It may be pertinent to state here that the petitioner in W.P. No.18838/2024 had also initially sought for declaring Byelaw 14.3 of BBMP Bye-Laws as ultra vires, but by the submission dated 18.07.2024, it was stated that he was not pressing for this prayer. Thus, the question to be considered in these petitions are only in relation to the prayer relating to alignment of the BBMP Bye-Laws in accordance with the provisions of the KMC Act as well as the RMP, 2015.

4. The grievance of the petitioners revolves around the provision made in respect of a balcony vis-à-vis the apparent conflict between the BBMP Bye-Laws and the Zonal Regulations (framed Revised Master Plan Zoning of Landuse and Regulations under the RMP, 2015).

5. To appreciate the context of the arguments and determine the questions raised by the petitioners, it would be essential to examine the provisions of the BBMP Act, the Building Bye Laws and also the KTCP Act and the RMP and the Zonal Regulations framed under it.

6. The BBMP was a Corporation constituted under the KMC Act, until the enactment of the Bruhat Bengaluru Mahanagara Palike in 2020. The BBMP under Chapter XV of the KMC Act provided for Regulation of buildings and Section 295 , 295. Building bye-laws.-

(1) With the approval of the Government the corporation may make bye-laws,-

(a) for the regulation or restriction of the use of sites or buildings, and

(b) for the regulation or restriction of building.

(2) Without prejudice to the generality of the power conferred by clause (b) of sub-section (1), bye-laws made under that clause may provide,-

(a) that no insanitary or dangerous site shall be used for building, and

(b) for the regulation or restriction of the construction of buildings intended for public worship on sites.

(3) Without prejudice to the generality of the power conferred by clause (a) of sub-section (1), bye-laws made under that clause may provide for the following matters:-

(a) information and plans to be submitted together with applications for permission to build;

(b) height of buildings, whether absolute or relative to the width of streets;

(c) level and width of foundation, level of lowest floor and stability of structure;

(d) number and height of storeys composing a building and height of rooms;

(e) provision of sufficient open space, external or internal, and adequate means of ventilation;

(f) provision of means of egress in case of fire;

(g) provision of secondary means of access for the removal of house refuse;

(h) materials and methods of construction of external and party walls, roofs, and floors;

(i) position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, privies, drains, cesspools;

(j) paving of yards;

(k) restrictions on the use of inflammable materials in buildings; the power on the BBMP to make Bye-Laws, with the approval of the Government.

(l) in the case of wells, dimens