BENGALURU: The Karnataka High Court has disagreed with the conduct of the GBA for not issuing a modified sanctioned plan to a landowner on Kanakapura Road for the construction of a residential complex by insisting that he relinquish a certain portion of his land free of cost for widening the existing 31-metre Kanakapura Main Road.
The court directed GBA to release the modified sanctioned plan and construction drawings within 30 days.
It held that a citizen cannot be deprived of proprietary rights through a bare administrative directive unsupported by law. Justice Suraj Govindaraj passed the order. The petitioner, Shashikumar M, claims to be the owner of residential converted land measuring 2 acres and 4.5 guntas, equivalent to approximately 92,020.5 sqft, which is part of Sy.No.49, in Thalaghattapura on Kanakapura Road in Bengaluru South. The land was converted in 2002 and the petitioner entered into a joint development agreement in 2023 with a developer and executed a general power of attorney.
The petitioner obtained a building licence in 2015 and a revised building licence in 2017 for development of a commercial building. The petitioner later approached BBMP seeking modification of the sanctioned plan to permit construction of a residential complex. He remitted Rs 1.33 crore towards statutory fees, cess, labour cess and other applicable charges. He also obtained the no objection certificates and approvals. The modified plan sanction was approved in 2024. But, it was not released. The reason given was that the petitioner had not executed a registered relinquishment deed relinquishing an extent of 381.70 sqm in favour of BBMP, free of cost, for widening of the road.
