BENGALURU : The High Court of Karnataka said there is no blanket prohibition on the sanction plan for construction on private plots measuring less than 50 sqm in the city. But such sanction would have to be considered and acceded to by equitably following due principles of law in the interest of citizens, the court added.
Justice Suraj Govindaraj passed the order while disposing of a batch of petitions. “If sites for housing schemes for Economically Weaker Sections, Low-Income Groups, Slum Clearance and Improvement Schemes as well as reconstruction in case of densely populated areas, can be less than 50 square metres, I see no reason why the same should not be applicable to sites of private individuals.
Of course, in this regard, this court cannot lay down the parameters as to how the discretion has to be exercised. It is left to the state government to provide the necessary guidelines for officers concerned to apply to such cases,” the judge said.
The court said unless there are some mala fides or unless the use of such a plot is likely to cause serious harm to the town planning, or services provided by any governmental agency, the BBMP should consider the request of plot owners for plan sanction favourably.
“...what we are concerned about is the sub division of family properties which are vested with one of the family members and/or such family member having sold it to a third party. Considering the value of land in a city like Bengaluru, even the purchase of a plot of less than 50 sqm is a dream for many and they would have bought such property by investing their hard-earned money and even in some cases by obtaining loans,” the court observed.
On petitioners or respondents who have already put up construction without obtaining plan sanction on plots less than 50 sqm, the court opined that it would not be in the interest of justice to right away demolish that construction or take any penal action against owners’, since the state government has been directed to issue necessary guidelines.
