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2026 Supreme(Online)(Kar) 24217

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I. Arun, J
Mohan Raj R – Appellant
Versus
Commissioner Court of Bruhat Bengaluru Mahanagara Palike Karnataka – Respondent
WP No. 5143 of 2026|WRIT PETITION NO. 5143 OF 2026 (LB-BMP)



Advocates:
For the Appellants/Petitioners: Syed Khaleel Pasha
For the Respondents: Pawan Kumar, M.N. Leelaraju

No person has a legal right to undertake construction in violation of building bye-laws or without obtaining a sanctioned plan from the competent authority.

Headnote:(A) Building Regulations - Sanctioned Plan - Construction without prior approval - No person has a legal right to undertake construction activities in violation of building bye-laws or without obtaining a sanctioned plan from the competent authority. (Para 4)

Issues: Whether construction can be carried out without a sanctioned plan and the role of the municipal authority in regulating such activities.

Digitally signed by GEETHA P G Location: HIGH COURT OF BRUHAT BENGALURU MAHANAGARA PALIKE

THIS WP IS FILED UNDER ARTICLES 226 & 227 CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 05.02.2026 AS PER ANNEXURE-A AND FURTHER DIRECT RESPONDENT NOS.3 TO 5 TO STOP THE ILLEGAL CONSTRUCTION ACTIVITIES AT NO.48 OOKADAPALAYAM ORC ROAD, VIVEK NAGAR BANGALORE 560047.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

1. Petitioner made a complaint to respondent nos.1 and 2 that respondent nos.3 to 5 are putting up construction on writ petition schedule property without obtaining any sanctioned plan. As no action has been initiated by respondent nos.1 and 2, the present writ petition is filed with a prayer to direct respondent nos.1 and 2-Greater Bengaluru Authority (GBA) to consider the request of the petitioner and take appropriate action against respondent nos.3 to 5.

2. Learned counsel for respondent nos.1 and 2 submits that, upon inspection and verification of record, it is found that respondent nos.3 to 5 are putting up construction without obtaining the necessary sanctioned plan. However, it is submitted that respondent nos.3 to 5 have now requested for sanctioning of a plan and that the same will be considered in accordance with law.

3. Learned counsel for respondent nos.3 to 5 submits that, by mistake construction was commenced without obtaining the necessary sanctioned plan. He further submits that they would not carry on further construction and that any construction to be done will be done only after obtaining the necessary sanctioned plan and strictly in accordance with the sanctioned plan.

4. No person has a right to put up construction in violation of building bye-laws and the sanctioned plan.

5. Hence, the following:

ORDER

(i) Respondent nos.3 to 5 shall not put up any additional construction on the writ petition schedule property without obtaining the necessary sanctioned plan from the Greater Bangalore Authority;

(ii) Any construction put up in violation of the sanctioned plan to be granted by GBA will be voluntarily removed by respondent nos.3 to 5 to bring in conformity with the said sanctioned plan;

(iii) Respondent nos.1 and 2 shall consider the request of respondent nos.3 to 5 for grant of sanction plan in accordance with law and will pass appropriate orders within period of six weeks from the date of receipt of certificate copy of this order;

(iv) The writ petition stands disposed of accordingly.

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