NAGARAJAN N.R.M., vs GREATER BENGALURU AUTHORITY,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59030
WP No. 29096 of 2026
CNR: KAHC010634312026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 29096 OF 2026 (LB-BMP)
BETWEEN:
NAGARAJAN N.R.M.,
S/O MARASWAMY,
AGED ABOUT 61 YEARS,
RESIDING AT NO.33/9,
20TH A MAIN, 2ND CROSS,
1ST R BLOCK, RAJAJINAGAR,
BENGALURU 560010.
…PETITIONER
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
1. GREATER BENGALURU AUTHORITY,
THROUGH ITS CHIEF COMMISSIONER,
N.R. SQUARE,
BENGALURU 560002.
2. THE JOINT COMMISSIONER,
GREATER BENGALURU AUTHORITY,
WEST ZONE, MALLESHWARAM,
BENGALURU-560020.
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WP No. 29096 of 2026
CNR: KAHC010634312026
3.
THE ASSISTANT EXECUTIVE ENGINEER,
GREATER BENGALURU AUTHORITY,
NAGAPURA WARD, NAGAPURA
BENGALURU-560086.
4.
SRI SHARATH R,
S/O. RAMAIAH.T. L
AGED ABOUT 29 YEARS,
R/AT. NO.31, 10TH C CROSS,
5TH B MAIN ROAD, MAHALAKSHMIPURAM,
WEST OF CHORD ROAD,
BENGALURU 560086.
5. SMT PADMA M G,
W/O. RAMAIAH.T. L
AGED ABOUT 29 YEARS,
R/AT. NO.31, 10TH C CROSS,
5TH B MAIN ROAD, MAHALAKSHMIPURAM,
WEST OF CHORD ROAD,
BENGALURU 560086.
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3;
SMT. SUJA SURENDRAN, ADVOCATE FOR R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NOS.1 TO 4 TO CONSIDER AND ACT UPON
THE PETITIONER'S REPRESENTATIONS/COMPLAINTS,
INCLUDING THE REPRESENTATION DATED 17.08.2026,
REGARDING THE UNAUTHORISED CONSTRUCTION BEING
UNDERTAKEN BY RESPONDENT NO.4 IN THE PROPERTY
BEARING NO.33/A/7 SITUATED AT 20TH A MAIN, 1ST R
BLOCK, RAJAJINAGAR, BENGALURU, AND
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HC-KAR
NC: 2026:KHC:59030
WP No. 29096 of 2026
CNR: KAHC010634312026
CONSEQUENTLY DIRECT THE RESPONDENT
AUTHORITIES TO CONDUCT A FRESH, INDEPENDENT
AND COMPREHENSIVE INSPECTION AND MEASUREMENT
OF THE SAID CONSTRUCTION WITH REFERENCE TO THE
SANCTIONED BUILDING PLAN, APPROVED DRAWINGS,
APPLICABLE BBMP BUILDING REGULATIONS/BY-LAWS
AND GOVERNMENT NOTIFICATION NO.UDD 235 MNJ
2025(E) DATED 05.01.2026 RELATING TO MANDATORY
SETBACKS, AND UPON FINDING ANY DEVIATION,
ENCROACHMENT OR UNAUTHORISED CONSTRUCTION,
TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH
LAW, INCLUDING REMOVAL/DEMOLITION OF THE
OFFENDING PORTION AND RESTORATION OF THE
PRESCRIBED SETBACK/OPEN SPACE, AND FURTHER
DIRECT THE RESPONDENT AUTHORITIES TO ENSURE
THAT RESPONDENT NO.4 DO NOT CONTINUE OR
COMPLETE ANY CONSTRUCTION CONTRARY TO THE
SANCTIONED PLAN OR APPLICABLE BUILDING
REGULATIONS AND TO PROTECT THE PETITIONER'S
PROPERTY BEARING NO.33/9 FROM ANY
ENCROACHMENT, OBSTRUCTION OR DAMAGE ARISING
OUT OF THE SAID CONSTRUCTION, INCLUDING THE
DAMAGE CAUSED TO THE PETITIONER'S COMPOUND
WALL, WINDOW GLASSES AND WATER PIPES, AND PASS
SUCH OTHER ORDER OR DIRECTION AS THIS HON'BLE
COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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NC: 2026:KHC:59030
WP No. 29096 of 2026
CNR: KAHC010634312026
ORAL ORDER
The petitioner and the fifth respondent are the owners
of neighbouring properties. The petitioner has filed this
petition for directions to the first to third respondents [ the
Greater Bengaluru Authority and its Officers ] to act upon his
representation and stop the fifth respondent, who is
represented by a Power of Attorney holder [ the fourth
respondent ] to conduct a comprehensive inspection and
ensure that the fifth respondent constructs without
deviations from the sanctioned plan and the parameters
notified by the Government vide Notification dated
05.01.2026.
2. This Court, on 21.09.2026, recording a prima
facie opinion has called upon the third respondent to
inspect the fifth respondent’s property and file a report inter
alia on the action taken to ensure that the construction by
the fifth respondent is stopped if the construction is
contrary to the sanction plan. In compliance, a report is
filed on 30.09.2026 stating that the construction is contrary
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WP No. 29096 of 2026
CNR: KAHC010634312026
to the sanctioned plan giving the measurements of the
construction which, as of the date of the report, was for roof
of the stilt floor. The report reads that the deviations in the
set back is only in the front and by 11.11%.
3. Mr. Rakshith R, the learned counsel for the
petitioner, has contested the measurements filed in the
compliance report, asserting that the measurements are
taken by the Jurisdictional Assistant Executive Engineer
though such measurements ought to be by the
Jurisdictional Assistant Director of Town Planning [ADTP]
because the construction is under a plan approved. This
Court, observing that there need not be protraction with
complaints about measurements being taken, has called
upon the Jurisdictional ADTP to confirm the
measurements.
4. A report is now filed which is a reiteration of the
deviation in the setback in the front, but this time observing
another deviation in the back. The report reads that the
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NC: 2026:KHC:59030
WP No. 29096 of 2026
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deviation in the front is by 11.11% and the deviation in the
setback in the back is by 21.41%. The fifth respondent, in
terms of the liberty reserved, has filed an affidavit stating as
follows:
“6. I solemnly undertake before this Hon'ble
th
Court, on behalf of the 4 Respondent and
myself, that the marginal shortfalls recorded in
the inspection report in respect of the front and
rear setbacks shall be duly rectified at the slab
level on each and every floor of the proposed
construction by increasing the existing front
setback from 0.80 meter to the sanctioned
setback of 0.90 meter and the existing rear
setback from 0.60 meter to the sanctioned
setback of 0.70 meter. I further undertake that
all construction shall be carried out in
accordance with the sanctioned building plan
and the applicable building law, rules and
regulations, without any deviation
whatsoever.”
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5. Ms. Suja Surendran, the learned counsel for the
fourth and fifth respondents, submits that the affidavit is
filed on the basis of the tentative measurements as
furnished by the office of the Jurisdictional ADTP but even
if there is deviation as now reported to this Court, it can be
addressed in the same manner as is now stated in
Paragraph No.6 of the affidavit. The learned counsel also
asserts that any marginal deviation with the changes in the
construction as stated in Paragraph No.6 would be covered
under the Notification dated 01.04.2026 which permits
regularization of violations in setback provided that the
total setback for the construction does not exceed 15% and
the deviation on any one side also does not exceed 15%.
6. Mr. Rakshith R, and Mr. Pawan Kumar, a learned
Standing counsel for the GBA and its officers, are heard in
the light of this turn of events for the disposal of the
petition. The fifth respondent's construction is at the very
early stage. The alleged deviation is in the setback on two
sides with setback deviation in the front being assessed at
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NC: 2026:KHC:59030
WP No. 29096 of 2026
CNR: KAHC010634312026
11.11% and the deviation in the rear setback being
assessed at 21.41%. The fifth respondent proposes to
construct the wall without disturbing the structure on the
inside of the pillar to ensure that the setback would be
within limits that can be regularized.
7. If the construction is in the early stages and the
deviation is only in the setback which can be addressed
while proceeding with the construction further, this Court is
of the view that the petition must be disposed of taking on
record the fifth respondent's undertaking to ensure that the
construction will be without deviation in the setback or
otherwise and that even if there is some marginal deviation,
it would be within those limits which can be regularized
under the Notification dated 01.04.2026. Further, this
Court must observe that this disposal cannot absolve the
authorities of ensuring that proceedings are commenced
under Section 243 of the Greater Bengaluru Governance
Act, 2024 only if the deviations are beyond the limits that
can be regularized under the Notification dated 01.04.2026.
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NC: 2026:KHC:59030
WP No. 29096 of 2026
CNR: KAHC010634312026
The petition stands disposed of accordingly.
Sd/-
(B M SHYAM PRASAD)
JUDGE
RB List No.: 1 Sl No.: 33