M Vinay Vs Bruhat Bangalore Mahanagara Palike — Karnataka HC (2025) — LawSathi Research

M Vinay Vs Bruhat Bangalore Mahanagara Palike — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:18611-DB WA No. 103 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 103 OF 2024 (LB-BMP)

BETWEEN:

M. VINAY S/O MUNI ANJINAPPA AGED 35 YEARS R/AT No.253, 4^TH CROSS ROAD 2^ND MAIN ROAD, K.K. ROAD T. DASARAHALLI, BENGALURU-560 057

…APPELLANT

(BY SRI. CHANDRAIAH, ADVOCATE)

AND:

Digitally signed by CHANNEGOWDA PREMA

Location: High Court of Karnataka

BRUHAT BANGALORE MAHANAGARA PALIKE HEAD OFFICE OF THE BBMP CORPORATION CIRCLE, BENGALURU-560 002 REPRESENTED BY ITS COMMISSIONER

THE HEALTH INSPECTOR DASARAHALLI DIVISION OFFICE OF THE BBMP HEALTH INSPECTOR MEI LAYOUT, BAGALAGUNTE HESARAGHATTA MAIN ROAD BENGALURU-560 073

…RESPONDENTS

(BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE)

2 - NC: 2025:KHC:18611-DB WA No. 103 of 2024

HC-KAR

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a) TO CALL FOR THE ENTIRE RECORDS OF ORDER DATED 20^TH DECEMBER 2023 PASSED IN WRIT PETITION No.27665 OF 2023 OF THIS HON'BLE COURT AND (b) KINDLY SET ASIDE THE IMPUGNED ORDER DATED 20.12.2023 PASSED IN WRIT PETITION No.27665/2023 THIS HON'BLE COURT PERTAINING TO PORTION i.e., THE APPELLANT IS PERMITTED TO USE HIS PROPERTY FOR NON-COMMERCIAL ACTIVITY WITHOUT CAUSING ANY POLLUTION AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard learned counsel appearing for the appellant as

well as learned counsel appearing for the respondents.

It is submitted by the learned counsel appearing for the appellant that the property involved in this appeal is a godown. Further, while disposing of the writ petition, this Court had directed that the property would be used only for the non-commercial activity without causing any pollution.

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HC-KAR

The appellant has filed an affidavit on

25.03.2025 stating that the godown is constructed on the land which was permitted to be used for non-agricultural purposes. It is contended that the godown cannot be used

only for non-commercial purpose. The affidavit filed by the appellant undertakes that the godown would be used only as such without causing any pollution and as per the Norms, Rules and Regulations of BBMP.

Learned counsel appearing for the respondents would also submit that since the property in question is a godown, the appellant should be bound down his undertaking that it will be used only for the purposes which are permitted under the Rules and the Regulations in force.

Having heard the learned counsel appearing on

either side and in view of the submissions made as well as the affidavit on record, the appeal is disposed of with the following directions;

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NC: 2025:KHC:18611-DB WA No. 103 of 2024

HC-KAR

(i) The direction issued by the learned Single Judge that the petitioner shall be permitted to use his property for non-commercial activity, is vacated.

(ii) It is made clear that the appellant can use his property for such commercial activity as is permitted under the Act, Rules and Regulations in force with all necessary permissions as contemplated under the statute.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(DR. K.MANMADHA RAO) JUDGE

PN List No.: 1 Sl No.: 29