Authority: High Court of Karnataka at Bengaluru

Order Date: 11 September 2026

Case Overview

  • Petitioner: Sri Mathipal T Jain, aged about 46, residing at No.16, Master Nivas, 3rd Floor, Rangarao Road, Shankar Puram, Bengaluru‑560019.
  • Respondents: (1) Greater Bengaluru Authority (BBMP), represented by its Chief Commissioner; (2) Assistant Director of Town Planning, Bengaluru Central City Corporation Greater Bangalore Authority; (3) Zonal Commissioner, GBA Bengaluru Central City Corporation.
  • Petition: Writ Petition No. 28947 of 2026 filed under Articles 226 and 227 of the Constitution, seeking a direction that the respondents refrain from any coercive action, including demolition, of the building on the schedule property until certified/original copies of the Inspection Report, Provisional Order (Sec. 243(3)(c) GBG Act 2024), notice of Provisional Order (Sec. 243(3)(d) GBG Act), and Confirmation Order (Sec. 243(3)(e) GBG Act) are served to the petitioner.
  • Background Allegations: The petitioner asserts that no notice of inspection, provisional order, or confirmation order was served, nor was a personal hearing provided as required by the proviso to Sec. 243(3)(d). Respondents allegedly arrived at the property with a photocopy of a Confirmation Order dated 16.05.2026, threatening demolition on grounds of alleged deviation from the sanctioned plan (setback and additional floors). The petitioner contends the building complies with the sanctioned plan, that an error exists regarding the claim of two basements, and that he is prepared to show cause against the alleged setbacks.
  • Counsel Submissions: Mr. G. S. Ravishankar (petitioner’s counsel) highlighted the lack of inspection, notice, and opportunity for a personal hearing, emphasizing the petitioner’s inability to avail statutory remedy without certified copies. Mr. Pawan Kumar (standing counsel for respondents) was heard on the procedural aspects.

Final Outcome

  • A. The petition is allowed. The petitioner may file an appeal accompanied by a certified copy of this order and the Confirmation Order dated 16.05.2026, with the limitation period starting from the date a photocopy of the Confirmation Order is furnished by the officers.
  • B. The Appellate Authority shall entertain the appeal and any interim application the petitioner may file for protection against demolition during the pendency of the appeal.
  • C. The petitioner is prohibited from undertaking any further construction unless expressly permitted by the Appellate Authority. Respondents are directed to refrain from demolition or dispossession of the petitioner or occupants for a period of six (6) weeks from the date of this order.

Topics: Demolition Stay, Municipal Authority Action