Karnataka HC Gives Daughters Fresh Hearing Before Demolition Of Late Father’s Allegedly Unauthorised Building, Citing His Illness And Death

The petitioners, daughters of late Thimmahanumaiah K, challenged a confirmation order dated 21 May 2024 under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (BBMP Act), and a notice dated 7 August 2026 requiring removal of construction allegedly made without a sanctioned plan and beneath a high-tension wire.

They contended that their father, who died on 19 April 2026 after prolonged illness and dialysis, had not been served with notice of the proceedings, and that they learned of the concluded proceedings only upon receiving the removal notice.

The provisional order had been issued on 9 May 2024, and the confirmation order followed on 21 May 2024.

Section 248 of the BBMP Act governed the provisional and confirmation proceedings concerning the unauthorised construction; the confirmation order was made under Section 248(3).

The Court invoked the transitional powers under Section 360 of the Greater Bengaluru Governance (GBG) Act to treat the provisional order dated 9 May 2024 as an order issued under Section 243(3)(c) of that Act, thereby permitting the proceedings to continue with an opportunity to respond and receive a personal hearing under the proviso to Section 243(3)(d).

The Court considered that the provisional and confirmation orders were issued within thirteen days, while the petitioners asserted that their father had been seriously ill and that they had no knowledge of the proceedings until the later removal notice.

It concluded that the petitioners should have an opportunity to answer the allegations, including the allegation that the construction lacked a sanctioned plan and was beneath a high-tension wire.

The Court used Section 360 of the GBG Act to permit that opportunity within the statutory framework, while placing the petitioners under directions to file their response and attend a hearing.

The Court quashed the confirmation order dated 21 May 2024 and the notice dated 7 August 2026, and restored the proceedings by treating the 9 May 2024 provisional order as one issued under Section 243(3)(c) of the GBG Act.

The petitioners were directed to file their response by 16 November 2026; the jurisdictional Joint Commissioner was directed to provide a personal hearing and conclude the proceedings by 31 December 2026.

Demolition was not to proceed until those proceedings concluded, and the petitioners were permitted to provide a certified copy of the order to BESCOM to seek restoration of electricity.