Writ Petition No. 22188 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 22188 OF 2024 (LB-BMP) BETWEEN: M/S ASHWINI HOLDINGS (P) LTD. (A COMPANY INCORPORATED UNDER COMPANIES ACT) NO.575, 8TH BLOCK, WARD NO.151, KORAMANGALA, BENGALURU - 95. REP. BY ITS DIRECTOR SMT. ASHA PARTHASARATHY (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI. D.C. JAGADEESH, ADVOCATE) AND: …PETITIONER Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA 1. THE CHIEF COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, N.R. SQUARE, BENGALURU - 560 001. 2. THE ZONAL COMMISSIONER, BBMP HEAD QUARTERS, N.R SQUARE, BENGALURU - 560 002. 3. THE ASSISTANT EXECUTIVE ENGINEER AND AUTHORIZED OFFICER, KORAMANGALA SUB-DIVISION, BBMP OFFICE, 2ND CROSS, 5TH BLOCK, - 2 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 KORAMANGALA, BENGALURU - 560 095. …RESPONDENTS
Legal Reasoning
(BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET-ASIDE THE IMPUGNED ORDERS DATED 10.03.2022 VIDE ANNEXURE-C 19.06.2024 VIDE ANNEXURE-G PASSED BY THE ILLEGAL AND RESPONDENT NO.3 AS THE SAME ARE WITHOUT THE AUTHORITY OF LAW; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV ORAL ORDER This writ petition has been filed by the owner of the building calling in question the validity of order at Annexure-C dated 10.03.2022 as well as order at Annexure-G dated 19.06.2024 passed by the respondent No.3 under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, hereinafter referred to as 'BBMP Act'). 2. The petitioner has raised various grounds in support of the legality of orders at Annexures 'C' and 'G' including the proceedings that was initiated at the fist instance under Section 248 of the BBMP Act in the year 2022 and order dated 10.03.2022 passed under Section 248(3) of the BBMP Act. - 3 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 3. It is submitted that the validity of the present proceedings are not legally tenable as the occupancy certificate was in fact issued on 18.11.2021 and that prior to the issuance of occupancy certificate, inspection would be made and deviation within the permissible limits would be regularised after collection compounding fee. Accordingly, it is contended that the order at Annexure-C could not have been passed. 4. It is further submitted that, despite the occupancy certificate having been issued, once again the respondent-BBMP in the year-2024 had initiated proceedings by passing order under Section 248(1) of the BBMP Act and had passed an order at Annexure-G dated 19.06.2024 under Section 248(3) of the BBMP Act pointing out to deviations. It is also submitted that, there cannot be two sets of proceedings especially when occupancy certificate has been issued. 5. This Court, after noticing the proceedings in the year- 2022 and once again in the year-2024 as well as the occupancy certificate having been issued, passed order on 27.03.2025, directing the inspection. The order dated 27.03.2025 is extracted as below: - 4 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 "Respondent - BBMP in W.P.No.22450/2024 has filed a memo along with certain documents that have been taken on record. It is pointed out that the occupancy certificate was issued on 18.11.2021. Issuance of such occupancy certificate is not in dispute. It is the case made on behalf of petitioner that minor deviations were compounded at the time of issuance of occupancy certificate and accordingly, insofar as the subject matter of structure certified in the occupancy certificate, no question could be raised by the BBMP after issuance of occupancy certificate. It is the case of the respondent - BBMP that after issuance of occupancy certificate, extra construction has been put up. In order to put the controversy at rest, in light of issuance of occupancy certificate, petitioner to present at the site on 05.04.2025 at 11.30 a.m. The inspection to be made by the jurisdictional Assistant Executive Engineer as well as the Assistant Director of Town Planning. Inspection to be carried out in the presence of petitioner. Respondent - BBMP to carry out spot inspection and file report to advert to construction if made beyond the subject matter of structure for which occupancy certificate has been given. Further order could be passed upon receipt of inspection report by the BBMP. - 5 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 The proceedings to be video-graphed at the cost of petitioner. List these matters on 15.04.2025. Interim order granted earlier is extended till the next date of hearing." 6. Learned counsel for the respondent-BBMP had filed report which is titled as 'Compliance Report' and produced the inspection report. On perusal of the inspection report, it is noticed that the extent of deviation is 4.23%. It is also noticed that, on 18.11.2021 itself, the occupancy certificate has been issued. The respondent-BBMP has not made out the case that, after 18.11.2021, there is any construction in violation of sanction plan, even otherwise, the latest inspection does not point out any deviation beyond 5%. Taking note of the said report, which
Decision
is a factual finding, the proceedings itself could be disposed of by setting aside the orders at Annexures 'C' and 'G' passed under Section 248(3) of the BBMP Act. 7. It is needless to state that the order passed under Section 248(1) of the BBMP Act passed in the year-2022 merges with the order at Annexure-C and the order passed under Section 248(1) of the BBMP Act in the year-2024 merges with the order at Annexure-G. Taking note of the compliance report and the deviation pointed out in the inspection report, no case is made out for continuance of the proceedings. - 6 - NC: 2025:KHC:17794 WP NO.22188 OF 2024 Accordingly, orders passed under Section 248(3) of the BBMP Act by the respondent No.3 dated 10.03.2022 (Annexure-C) and 19.06.2024 (Annexure-G) are set-aside. 8. Accordingly, writ petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE ARK List No.: 1 Sl No.: 38