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NC: 2026:KHC:18031 WP No. 25804 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO.25804 OF 2018 (LB-BMP)

BETWEEN:

1. M/S. THE RICHMOND FELLOWSHIP SOCIETY (INDIA), "USHA KIRANA",

# 406-A/10, 7TH MAIN ROAD,

II BLOCK JAYANAGAR, BENGALURU-560 011

ALSO AT:

ASHA, NO.501, 47TH CROSS,

9TH MAIN, 5TH BLOCK, D igitally JAYANAGAR, signed by

GEETHA P G BENGALURU-560 041 Location: REPRESENTED BY ITS AUTHORIZED SIGNATORY HIGH MR. SHEKHAR SESHADRI.

COURT OF KARNATAKA

…PETITIONER

(BY SRI. V.SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI. NIKHILESH RAO M., ADVOCATE)

AND:

1. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE,

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NC: 2026:KHC:18031 WP No. 25804 of 2018

HC-KAR

BENGALURU - 560 002 REPRESENTED BY ITS COMMISSIONER. 2. ASSISTANT EXECUTIVE ENGINEER

J P NAGAR SUB DIVISION, BBMP, 10TH CROSS,

21ST MAIN ROAD, J P NAGAR, 2ND PHASE, BENGALURU - 560 078.

…RESPONDENTS

(BY SRI. N.R. JAGADEESWARA, ADVOCATE)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE JUDGMENT AND FINAL ORDER DATED 31.05.2018 IN APPEAL NO.1027/2016, PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU (COURT HALL NO.2)

(ANNEXURE-'A'), ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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NC: 2026:KHC:18031 WP No. 25804 of 2018

HC-KAR

ORAL ORDER

1. Action was initiated against the petitioner by the then Bruhat Bengaluru Mahanagara Palike, now Greater Bengaluru Authority, for putting up construction in violation of the building bye-laws and the sanctioned plan. Demolition orders have been passed against the petitioner and the same have been confirmed by the order dated 31.05.2018 passed by the Karnataka Appellate Tribunal in Appeal No.1027/2016.

Aggrieved by the same, the present writ petition is filed.

2. Both the learned counsel for the petitioner as well as the respondents together submit that subsequent to passing of the impugned orders, amendments have been carried out to the building bye-laws and if the petitioner were to make an application for grant of a modified sanctioned plan in accordance with the present building bye-laws, the same would be considered by the Greater Bengaluru Authority in

accordance with law.

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NC: 2026:KHC:18031 WP No. 25804 of 2018

HC-KAR

3. No person has the authority to construct a building in violation of the building bye-laws and the sanctioned plan. However, taking into consideration the peculiar facts and circumstances of the case, in my opinion, interest of justice would be met if the petitioner is given liberty to apply for grant of a modified sanctioned plan and thereafter the respondents be directed to consider the same in accordance with law and pass appropriate orders and if any deviations are found to exist

even thereafter, then the same can be removed.

4. Hence, the following:

ORDER

(i) Petitioner is given three weeks' time to make necessary application for grant of a modified

sanctioned plan;

(ii) If such an application is made within a period of three weeks, then in that event, the same shall be considered by the respondents/authorities in the

manner known to law and pass appropriate orders;

(iii) Till such orders are passed, no precipitative action will be taken against the petitioner;

(iv) The writ petition stands disposed of accordingly;

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NC: 2026:KHC:18031 WP No. 25804 of 2018

HC-KAR

(v) Registry is directed to return the records to the concerned Tribunal.

SD/-

(M.I.ARUN)

JUDGE

hkh.

List No.: 1 Sl No.: 79

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