Mohan Raj R Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

Mohan Raj R Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Directions issued: respondent nos.3 to 5 restrained from putting up any additional construction on the writ petition schedule property without a sanctioned plan from the Greater Bangalore Authority and to voluntarily remove construction violating the sanctioned plan to be granted; respondent nos.1 and 2 directed to consider the sanction plan request of respondent nos.3 to 5 in accordance with law and pass appropriate orders within six weeks.

Issue for consideration

Whether respondent nos.1 and 2 should be directed to consider the petitioner's representations dated 05.02.2026 and to act against respondent nos.3 to 5 for putting up illegal construction activities at No.48, Ookadapalayam ORC Road, Vivek Nagar, Bangalore.

Court's answer

No person has a right to put up construction in violation of building bye-laws and the sanctioned plan.

Ratio / Principle

Respondent nos.3 to 5 shall not put up any additional construction on the writ petition schedule property without obtaining the necessary sanctioned plan from the Greater Bangalore Authority.

Key takeaways

Any construction put up in violation of the sanctioned plan to be granted by GBA will be voluntarily removed by respondent nos.3 to 5 to bring the construction in conformity with the said sanctioned plan.ratio¶42
Respondent nos.1 and 2 shall consider the request of respondent nos.3 to 5 for grant of sanction plan in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of certified copy of the order.ratio¶47

Detailed headnote1 paragraphs

Writ Petition (LB-BMP) under Articles 226 & 227, Constitution of India - unauthorised construction - petitioner alleged respondent nos.3 to 5 were putting up construction on the schedule property at No.48, Ookadapalayam ORC Road, Vivek Nagar, Bangalore without any sanctioned plan, and respondent nos.1 and 2 (Bruhat Bengaluru Mahanagara Palike / Greater Bengaluru Authority) had not acted on his complaint and representation dated 05.02.2026 - inspection by respondent nos.1 and 2 confirmed construction without the necessary sanctioned plan - Court held that no person has a right to put up construction in violation of building bye-laws and the sanctioned plan - respondent nos.3 to 5 directed not to put up additional construction without a sanctioned plan and to voluntarily remove any construction violating the sanctioned plan to be granted, to bring the construction in conformity therewith - respondent nos.1 and 2 directed to consider the sanction plan request in accordance with law and pass appropriate orders within six weeks - writ petition disposed of accordingly. (M.I. Arun, J.)

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NC: 2026:KHC:20428 WP No. 5143 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5143 OF 2026 (LB-BMP)

BETWEEN:

MOHAN RAJ R S/O LATE E RAMALINGAM, AGED ABOUT 62 YEARS, NO.39, OOKADAPALAYAM ORC ROAD, VIVEK NAGAR POST BANGALORE-560 047.

AND ALSO AT: NO.21 BALAIAH MAIDU STREET VANNAVPETT, NAHRUPURAM, BANGALORE - 560047.

…PETITIONER

(BY SRI. SYED KHALEEL PASHA, ADVOCATE)

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

AND:

THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560001.

THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE MAYO HALL, BENGALURU-560025

ARUN KUMAR S/O MURTHY AGED ABOUT 39 YEARS

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ASHOK S/O BABU AGED ABOUT 35 YEARS

KUMAR S/O SOMU AGED ABOUT 33 YEARS

R3 TO R5 ARE R/AT NO.48, OOKADAPALAYAM ORC ROAD, VIVEK NAGAR POST BANGALORE -560047.

…RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2; SRI. M.N. LEELARAJU, ADVOCATE FOR R3 TO R5)

THIS WP IS FILED UNDER ARTICLES 226 & 227 CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 05.02.2026 AS PER ANNEXURE-A AND FURTHER DIRECT RESPONDENT NOS.3 TO 5 TO STOP THE ILLEGAL CONSTRUCTION ACTIVITIES AT NO.48 OOKADAPALAYAM ORC ROAD, VIVEK NAGAR BANGALORE 560047.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

Petitioner made a complaint to respondent nos.1 and 2 that respondent nos.3 to 5 are putting up construction on writ petition schedule property without obtaining any sanctioned plan. As no action has been initiated by respondent nos.1 and 2, the present writ petition is filed with a prayer to direct respondent nos.1 and 2-Greater Bengaluru Authority (GBA) to consider the request of the petitioner and take appropriate action against respondent nos.3 to 5.

Learned counsel for respondent nos.1 and 2 submits that, upon inspection and verification of record, it is found that respondent nos.3 to 5 are putting up construction without obtaining the necessary sanctioned plan. However, it is submitted that respondent nos.3 to 5 have now requested for sanctioning of a plan and that the same will be considered in accordance with law.

Learned counsel for respondent nos.3 to 5 submits that, by mistake construction was commenced without obtaining the

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necessary sanctioned plan. He further submits that they would not carry on further construction and that any construction to be done will be done only after obtaining the necessary sanctioned plan and strictly in accordance with the sanctioned plan.

No person has a right to put up construction in violation of building bye-laws and the sanctioned plan.

Hence, the following:

ORDER

(i) Respondent nos.3 to 5 shall not put up any additional construction on the writ petition schedule property without obtaining the necessary sanctioned plan from the Greater Bangalore Authority;

(ii) Any construction put up in violation of the sanctioned plan to be granted by GBA will be voluntarily removed by respondent nos.3 to 5 to bring in conformity with the said sanctioned plan;

(iii) Respondent nos.1 and 2 shall consider the request of respondent nos.3 to 5 for grant of

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sanction plan in accordance with law and will pass appropriate orders within period of six weeks from the date of receipt of certificate copy of this order;

(iv) The writ petition stands disposed of

accordingly.

Sd/(M.I.ARUN) JUDGE

PGG List No.: 1 Sl No.: 43