Sri.M.K. Dwarakanath Vs the Commissioner Bruhat Bangalore Mahanagara Palike — Karnataka HC (2026) — LawSathi Research

Sri.M.K. Dwarakanath Vs the Commissioner Bruhat Bangalore Mahanagara Palike — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal disposed of with directions: impugned Single Judge order dated 06.12.2023 set aside as it does not survive; appellant to construct/modify building strictly per revised sanctioned building plan dated 02.03.2026 with no deviations permitted; Bengaluru West City Corporation to inspect on intimation of completion and issue completion certificate if construction conforms to the sanctioned plan; pending applications closed.

Issue for consideration

Whether the order dated 06.12.2023 of the learned Single Judge in WP No.6849/2020 should be set aside and the matter remanded for fresh consideration before the Joint Commissioner and Assistant Director of Town Planning, BBMP (West), Malleswaram. +1 more

Court's answer

The appellant shall construct or modify the building strictly in accordance with the revised sanctioned building plan dated 02.03.2026; no deviations shall be permitted and any deviation would result in strict action in accordance with the law.

Ratio / Principle

Since the modified building plan has been sanctioned (building licence dated 02.03.2026), the impugned order of the learned Single Judge does not survive and is set aside.

Key takeaways

The Bengaluru West City Corporation shall inspect the building once the appellant intimates that construction is complete, and if the building is found constructed in accordance with the revised building plan dated 02.03.2026, it shall issue the completion certificate.ratio¶48
In view of the disposal of the appeal, all/any pending applications stand closed.ratio¶56

Detailed headnote1 paragraphs

Writ Appeal No. 42 of 2024 (LB-BMP), High Court of Karnataka (D K Singh and T.M. Nadaf, JJ.), decided 19.06.2026: Following the Court's interim order of 20.11.2025 suggesting that the appellants furnish a fresh plan for modification and for raising a Second Floor, the appellant applied on 27.02.2026 to the Bengaluru West City Corporation, and the modified building plans were sanctioned vide building licence dated 02.03.2026. With the modified plan sanctioned, the impugned order dated 06.12.2023 of the learned Single Judge in WP No.6849/2020 was held not to survive and was set aside; the appeal stood disposed of. The appellant was directed to construct/modify the building strictly in accordance with the revised sanctioned plan dated 02.03.2026 with no deviations permitted (deviation to attract strict action under law); the Bengaluru West City Corporation was to inspect the building upon intimation of completion and issue the completion certificate if construction conformed to the revised plan; pending applications were closed.

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NC: 2026:KHC:30429-DB WA No. 42 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 42 OF 2024 (LB-BMP)

BETWEEN:

SRI.M.K. DWARAKANATH, S/O LATE DR.M.N. KRISHNAMACHAR, AGED ABOUT 56 YEARS, OCCUPATION:PRIVATE SERVICE, R/A NO.177/B, 19^TH MAIN, SUBRAMANYA NAGAR, OPP. KARUMARIYAMMA TEMPLE, BENGALURU - 560 021.

Digitally signed by REKHA R Location: High Court of Karnataka

SRI. M.K VENKATESH S/O LATE DR. M.N. KRISHNAMACHAR, AGED ABOUT 53 YEARS, OCCUPATION:PRIVATE SERVICE, R/A NO.177/B, 19^TH MAIN, SUBRAMANYA NAGAR, OPP. KARUMARIYAMMA TEMPLE, BENGALURU - 560 021.

…APPELLANTS

(BY SRI. KANTHARAJU N K., ADVOCATE)

AND:

THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU - 560 002.

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THE ASSISTANT EXECUTIVE ENGINEER, MALLESWARAM SUB-DIVISION, BBMP, 11^TH CROSS, EAST PARK ROAD MALLESHWARAM, WARD NO.66, BENGALURU - 560 003.

SRI. V.T. RANGACHAR, S/O LATE V.R. TIRUMALACHAR, AGED ABOUT 56 YEARS, R/A NO.177/C 19^TH MAIN ROAD, SUBRAMANYANAGAR, OPP.KARUMARIYAMMA TEMPLE, BANGALORE - 560 021.

…RESPONDENTS

(BY MS. M.C. NAGASHREE., ADVOCATE FOR R1 AND R2, SRI. V.T. RANGACHAR, PARTY-IN-PERSON FOR C/R3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:06.12.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.6849/2020 AND ALLOW THE WP AS PRAYED FOR WITH COSTS THROUGH OUT AND REMAND THE MATTER FOR FRESH CONSIDERATION BEFORE THE JOINT COMMISSIONER AND ASSISTANT DIRECTOR OF TOWN PLANNING BBMP (WEST) MALLESWARAM BENGALURU-560003 IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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NC: 2026:KHC:30429-DB WA No. 42 of 2024

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

On 20.11.2025, this Court passed the following

order:

"1. After some arguments, it appears that one of the solutions for the appellants' grievance is for the appellants to furnish a fresh plan for modification, as well as for raising a Second Floor. The concerned Department shall consider whether the same conforms to the Building bye-laws and if so, to grant such permission.

2. Needless to state that the appellants would be required to complete the entire construction within the time as stipulated by the authority.

3. Learned counsel appearing for the BBMP seeks time to take instructions.

4. List on 16.12.2025.

5. Interim order granted earlier to continue till the next date of hearing."

2. In pursuance to the said order, the appellant

has made an application to the Bengaluru West City Corporation, for sanctioning the modified plan of his building in question.

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3. The request in the application of the appellant

dated 27.02.2026, to approve the building plans was considered and vide the building license dated 02.03.2026, the building plans have been sanctioned.

4. The appellant should now modify or

re-construct his building strictly as per the sanctioned building plans dated 02.03.2026.

5. The Bengaluru West City Corporation shall inspect the building as soon as the appellant will intimate the said authority that the building is complete. The learned counsel for the appellant submits that the building would be completed in accordance with the sanctioned building plan dated 02.03.2026. If the Bengaluru West City Corporation finds the building constructed in accordance with the revised building plan dated 02.03.2026, they shall issue the completion certificate.

6. With the aforesaid directions and observations, preset appeal stands disposed of . In view of the modified

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plan having been sanctioned, the impugned order does not survive and therefore, set-aside.

7. We make it clear that the appellant shall

construct the building or modified the building strictly in accordance with the revised sanctioned building plan dated 02.03.2026 and no deviations shall be permitted. Any deviation would result in strict action in accordance with the law.

8. In view of the disposal of the appeal, all/any pending application, stand closed.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

PK

List No.: 1 Sl No.: 6 ct-vn