Demolition orders cannot stand after the BDA sanctions a modified development plan.

Total Environment Buildings Systems Pvt. Ltd. owned and developed properties in Bettahalasuru village, Bengaluru.

After its development plan was sanctioned, partial occupancy certificates were issued. The BDA later alleged deviations from the sanctioned plan and issued provisional orders, followed by confirmation orders directing demolition of additional construction.

The petitioners challenged those orders. They contended that a modified development plan covering the villas had since been sanctioned; the BDA did not dispute that sanction, but sought to preserve its right to inspect the buildings.

The writ petitions concerned the provisional and confirmation orders identified in the Court’s order.

Whether the provisional and confirmation orders directing demolition could stand after the BDA sanctioned a modified development plan for the subject villas.

Whether the BDA could retain the right to inspect the buildings for compliance with the modified sanctioned plan and take further action if necessary.

The Court applied the principle that enforcement orders based on alleged departures from an earlier development plan cannot stand where the competent authority has sanctioned a modified plan covering the subject construction.

The Court also preserved the authority’s power to inspect the buildings and take suitable action in accordance with law if the construction does not comply with the modified sanctioned plan.

No statute or precedent was cited in the order.

The demolition orders rested on alleged deviations from the development plan.

The BDA’s counsel did not dispute that a modified development plan for the subject villas had been sanctioned.

In light of that subsequent sanction, the Court held that the provisional and confirmation orders could not stand.

It nevertheless allowed the BDA to inspect the buildings and, if they were not in accordance with the modified plan, to take suitable action in accordance with law.

It left the BDA and its officers free to inspect the buildings for compliance with the modified sanctioned plan and to take suitable action in accordance with law if non-compliance is found.