Contempt petition alleging willful disobedience of an order directing BBMP to issue a modified building plan with FAR of 2.5 based on road width of 18.4 metres. Accused undertook to process modified sanction via EODB procedure on resubmission; complaint closed with liberty to revive.
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NC: 2026:KHC:15323-DB CCC No. 923 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 923 OF 2025
BETWEEN:
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA
M/S SUNVILAS PROPERTIES PVT LTD A REGISTERED COMPANY, REGISTERED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, HAVING OFFICE AT NO. 100, OLD NO.52, DONNA BASS TOWER, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560020 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI SUNIL CHOWDARY AGED ABOUT 52 YEARS
(BY SRI. UMESH M N, ADVOCATE)
…COMPLAINANT
AND:
HC-KAR
…ACCUSED
(BY SRI. MONESH KUMAR K B, ADVOCATE FOR A1 A2 IS SERVED AND UNREPRESENTED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA BY THE COMPLAINANT, PRAYING TO PUNISH THE ACCUSED NO.1 AND 2 FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HONBLE COURT IN WP NO.6472/2023 DATED 03.01.2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
HC-KAR
learned Single Judge of this Court in Writ Petition No.6472/2023
(LB-BMP). The operative portion of the said order reads as under:-
"i. The writ petition is allowed.
ii. The respondents are directed to issue a modified building plan/licence with FAR of 2.5 taking into consideration the road width to be greater than 18 mtrs (in this case 18.4 mtrs) within a period of 45 days from the date of receipt of copy of this order."
with an FAR of 2.5 was not issued for the reason that the width of the road will not be 18.4 meters. However, the said issue was considered by the Court as is apparent from the order dated 03.01.2024.
HC-KAR
the complainant to revive the present complaint, if the plan is not sanctioned in accordance with the order dated 03.01.2024.
Sd/(VIBHU BAKHRU) CHIEF JUSTICE
Sd/(C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the BBMP officials willfully disobeyed the order dated 03.01.2024 in WP No.6472/2023 directing issuance of a modified building plan with FAR of 2.5.
2 provisions across 2 enactments
M/S Sunvilas Properties Pvt Ltd
Sri Maheshwar Rao, The Commissioner, Bruhat Bangalore Mahanagara Palike
Sri Dhruva Raj, The Joint Director, Bruhat Bangalore Mahanagara Palike
Vibhu Bakhru
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
