M/S Maangalya Developers Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

M/S Maangalya Developers Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of: the impugned Show Cause Notice dated 03.11.2023 (Annexure-A) and such other further notices issued by the second respondent were declared dissolved, with liberty to the second respondent to take further action strictly in accordance with law; the second respondent is directed to first examine the BBMP approvals and the eco-sensitive zone regulations and reason its justification before calling upon the petitioner to respond.

Issue for consideration

Whether the Show Cause Notice dated 03.11.2023 (Annexure-A) issued by the second respondent - which treats the petitioner's construction, specifically Block-C, as commercial within an eco-sensitive zone despite the BBMP sanction plan, Commencement Certificate and Partial Occupancy Certificate - ought to be quashed/dissolved. +1 more

Court's answer

The impugned Show Cause Notice dated 03.11.2023 (Annexure-A) issued by the second respondent stands dissolved, with liberty to the second respondent to take further action strictly in accordance with law.

Ratio / Principle

Before proceeding further, the second respondent must examine the different approvals granted by the BBMP and the regulations governing the eco-sensitive zone, and reason out its justification for the cause, before calling upon the petitioner to respond.

Key takeaways

The petitioner has the advantage of a sanction plan, commencement certificate and partial occupancy certificate; any examination of an eco-sensitive zone violation required the second respondent to consider the documents relied upon by the petitioner and brought on record, and to offer reasons for initiation of proceedings in light of them before calling for a response.ratio¶51
The declaration of dissolution extends beyond the impugned notice to such other further notices as may have been issued by the second respondent (including the notices issued during the pendency of the proceedings), while preserving the second respondent's liberty to act strictly in accordance with law.ratio¶57

Detailed headnote1 paragraphs

Writ Petition (GM-FOR) under Sections 226 and 227 of the Constitution of India - Eco-sensitive zone - Show Cause Notice dated 03.11.2023 (No. VA.AA.AA/BA.VA.VA/NOTICE/2023-24/359, Annexure-A) issued by the second respondent (Range Forest Officer, Bannerghatta Wild Life Range) alleging that construction of a commercial building in Sy.No.7 of Basavanapura Village, Begur Hobli, Bengaluru South Taluk lay within an eco-sensitive zone without permission. Petitioner, armed with a BBMP Commencement Certificate, Sanction Plan and Partial Occupancy Certificate, confined its grievance to Block-C being described as 'commercial' though constructed for residential purposes; fresh show cause notices were nonetheless issued during pendency. Held: petition disposed of - the impugned notice and further notices stand dissolved, with liberty to the second respondent to take further action strictly in accordance with law; before proceeding, the second respondent must examine the BBMP approvals and the regulations governing the eco-sensitive zone and reason its justification before calling upon the petitioner to respond.