Municipal authorities cannot arbitrarily seal a property without following the procedure established by law and providing due notice, even when dealing with building deviations from a sanctioned plan.

Digitally signed by GEETHA P G

Location: HIGH COURT OF KARNATAKA

1. SRI VIKRAM KUMAR SOLANKI

S/O MANOHAR LAL JAIN

AGED ABOUT 38 YEARS,

RESIDING AT 903, RANKA CHAMBERS

2ND FLOOR, M B T STREET

NAGRATHPET MAIN ROAD

BENGALURU NORTH - 560 002.

1. GREATER BENGALURU AUTHORITY

PREVIOUSLY KNOWN AS BBMP,

CORPORATION CIRCLE,

N R SQUARE,

BENGALURU - 560 002

REP BY ITS CHIEF COMMISSIONER.

2. BENGALURU CENTRAL CITY CORPORATION

GANDHINAGARA ZONE

ANNEXURE-3, BUILDING,

GREATER BENGALURU AUTHORITY OFFICE PREMISES

N R SQUARE, HUDSON CIRCLE

BENGALURU - 560 002

REP BY ITS COMMISSIONER.

3. JOINT COMMISSIONER

BENGALURU CENTRAL CITY CORPORATION

GANDHINAGARA ZONE

ANNEXURE-3, BUILDING,

GREATER BENGALURU AUTHORITY OFFICE PREMISES

N R SQUARE, HUDSON CIRCLE

BENGALURU - 560 002.

4. ASSISTANT EXECUTIVE ENGINEER

CHAMARAJPET WARD

OFFICE AT NANJAMBA AGRAHARA

CHAMRAJPET, BENGALURU-560 018.

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.2, 3 AND 4 TO FORTHWITH DE-SEAL THE SCHEDULE PROPERTY/BUILDING SEALED ON 24.04.2026 VIDE ANNEXURE-L AND CONSEQUENTLY DIRECT THEM TO CEASE AND DESIST FROM ANY UNLAWFUL INTERFERENCE WITH THE IMMOVABLE PROPERTY BEARING MUNICIPAL NO.96 (OLD NOS. 95 AND 96), PID NO.46-4-96, MEASURING EAST TO WEST 60 FEET AND NORTH TO SOUTH 108 FEET, IN ALL MEASURING 6480 SQ. FT., SITUATED AT 2ND MAIN ROAD, CHAMARAJPET, BENGALURU, WITHIN THE LIMITS OF THE ERSTWHILE BBMP, NOW BENGALURU CENTRAL CITY CORPORATION, WARD NO.140, BELONGING TO THE PETITIONER AND CO-OWNERS, EXCEPT IN ACCORDANCE WITH DUE PROCESS OF LAW, 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

ORAL ORDER

1. The case of the petitioner is that a provisional order and a confirmation order was passed under the provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act') by the respondents against the building being constructed by the petitioner on the ground that there are certain deviations from the sanctioned plan.

2. Immediately, the petitioner facilitated removal of the deviations and the respondents demolished that portion of the property which was not in conformity with the sanctioned plan. Thereafter, the petitioner continued the construction in accordance with the sanctioned plan. However, without issuing any notice, the respondent authorities entered the premises of the petitioner and sealed the same, which is contrary to law.

3. Learned counsel for the respondents though justifies the action of the respondents, candidly admits that after demolition of the construction which was put up contrary to the sanctioned plan, the property of the petitioner has been sealed without any further notice.

4. No person has a right to put up construction in violation of the sanctioned plan and building bye-laws. If any person puts up construction in violation of the same, the authorities concerned are duty bound to initiate appropriate action to have the same removed. However, the same has to be done as per the procedure established by law and it cannot be an arbitrary action as in the instant case.

5. For the aforementioned reasons, the writ petition is disposed of. The respondents are directed to forthwith remove the seal of the building and permit the petitioner to construct the building in accordance with law.

6. It is needless to state that the respondents are at liberty to initiate appropriate proceedings against the petitioner in the manner known to law if there are any