Writ Petition No. 15643 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM BEFORE WRIT PETITION NO.15643 OF 2025 (LB-RES) BETWEEN: MR.MADHU M S/O D MUNIKRISHNAPPA AGED ABOUT 32 YEARS HOSAHALLI VILLAGE JALA HOBLI YELAHANKA TALUK BENGALURU - 562157 …PETITIONER (BY SRI.ASHUTOSH K.L, ADVOCATE) AND: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. B R AMBEDKAR VEEDHI BENGALURU-560001 2. THE PANCHAYATH DEVELOPMENT AUTHORITY SATHANUR VILLAGE PANCHAYATH JALA HOBLI YELAHANKA TALUK BENGALURU PIN- 562149 - 2 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR 3. THE DIRECTOR BENGALURU INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY 333/1, 1ST FLOOR, VJ COMPLEX SHANTHINAGAR SULIBELE ROAD DEVANAHALLI TOWN BENGALURU RURAL - 562110 4. M/S. Y V CONSTRUCTIONS
Legal Reasoning
NO.29, MSV CABLE OFFICE ROAD AMRUTHAHALLI, SAHAKARA NAGARA BENGALURU-560092 REPRESENTED BY ITS PROPRIETOR SRI V RAJESH 5. SRI.GANESH S S/O LATE N SRINIVAS AGED ABOUT 31 YEARS RESIDING AT NO.63, GDV PARK EXTENSION VYALIKAVAL, MALLESHWARAM BENGALURU-560003. 6. MRS ANEETHA N D/O LATE NAGARAJAIAH S AGED ABOUT 43 YEARS RESIDING AT NO.27 2ND CROSS, MUNIGURAPPA LAYOUT AMRUTHAHALLI BENGALURU-560092. …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R.1; SRI.B.J.SOMAYAJI, ADVOCATE FOR R.2; SRI.YOGESH D. NAIK, ADVOCATE FOR R.3; SRI.VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI.B.N.SURESH BABU, ADVOCATE FOR R.4 TO 6) - 3 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND RESPONDENT NO.3 TO IMPLEMENT THE NOTICE DATED 07.03.2025 PASSED BY RESPONDENT NO.3 IN BIAAPA.TP.CC.261.2022-23.2024-25-3274 VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed seeking mandamus against respondent Nos.2 and 3 on the premises that despite there being a show-cause notice issued to respondent Nos.4 to 6 evidenced at Annexure-F, no further steps are taken to stall the alleged illegal construction undertaken by respondent Nos.4 to 6. 2. This Court on 04.06.2025 was inclined to grant some protection to the petitioner and the construction undertaken by respondent Nos.4 to 6 was ordered to be stalled till the next date of hearing. - 4 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR 3. Learned Senior Counsel Sri.Vikram Huilgol appearing for respondent Nos.4 to 6, on instructions, submits that the deviations are negligible and can be continued and therefore, he would persuade this Court that the interim order is virtually causing financial loss to the respondent Nos.4 to 6, who are required to accomplish the construction of an apartment building. 4. He would also submit to this Court that respondent Nos.4 to 6 will abide to the enquiry and consequent orders, if any, would be passed by respondent No.3. 5. Having heard the learned counsels appearing for the respective parties, this Court is of the considered view that respondent No.3, upon receipt of the complaint lodged by the petitioner, has initiated appropriate proceedings by issuing a show-cause notice to respondent Nos.4 to 6. In the said notice, respondent Nos.4 to 6 have been called upon to submit their explanation and to justify - 5 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR the legality of the construction work undertaken by them, specifically in the context of compliance with the sanctioned building license and the approved building plan. It is also seen that respondent Nos.4 to 6 have voluntarily undertaken to appear before respondent No.3 and cooperate in the pending enquiry. Considering the present stage of construction, where the superstructure of the apartment project is almost complete, this Court finds that the petitioner’s grievance is confined to the alleged deviation towards the eastern portion of the building adjoining his property, particularly in relation to the violation of set-back norms. In view of the fact that the main construction is substantially complete, this Court is of the opinion that the internal works and finishing activities in the building should not be stalled at this juncture. However, it is made explicitly clear that any further interior or finishing work undertaken by respondent Nos.4 to 6 shall be strictly subject to the final outcome of the enquiry proceedings pending before respondent No.3. - 6 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR 6. It is further directed that the scope of the enquiry to be conducted by respondent No.3 shall be limited and confined to examining the alleged deviation or encroachment, if any, specifically towards the eastern side of Block-B of the apartment complex, as pointed out by the petitioner. During the course of the enquiry, respondent No.3 shall also take note of the submission made by the learned counsel for respondent Nos.4 to 6, who contended that, at the request of the adjoining property owners, respondent Nos.4 to 6 have in fact left an additional three to six feet of space while constructing the compound wall on the eastern side. This aspect of additional space allegedly provided, as well as the alignment of the compound wall, shall also be carefully verified and recorded by respondent No.3 in the course of the enquiry. 7. Respondent Nos.4 to 6 are granted a period of six weeks from the date of receipt of a copy of this order to produce all relevant and supporting documents, including - 7 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR the sanctioned building plan, building license, and any other material that may substantiate their claim that the construction carried out is in strict conformity with the permissions granted by the competent planning authority. Respondent No.3 shall consider the documents produced and afford reasonable opportunity to all stakeholders before concluding the enquiry and submitting a detailed report indicating whether there exists any deviation as alleged. 8. With these above observations, this Court proceeds to pass the following;
Decision
ORDER (i) The writ petition is allowed in part. (ii) Respondent Nos.4 to 6 are hereby granted six weeks time to furnish all relevant documents to justify the construction and demonstrate that the construction undertaken at B-Block - 8 - NC: 2025:KHC:19857 WP No. 15643 of 2025 HC-KAR towards eastern side is well within as per the approved building plan and license. (iii) On receipt of documents, respondent No.3 - Authority shall give opportunity of personal hearing to respondent Nos.4 to 6 and the petitioner and thereafter, proceed to pass appropriate orders in accordance with law. (iv) Till then, as the enquiry is restricted to the eastern side of B-Block, any civil construction pertaining to other blocks shall not hindered. (v) It is made clear that respondent Nos.4 to 6 are only entitled to proceed with interior works and are not entitled to proceed with any further Civil Construction on the eastern portion of the disputed Block-B property as depicted in Annexure-R2. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 16