The building plans can be sanctioned only according to the building rules or regulations prevailing at the time of sanctioning of the plans and not as per the rules or regulations existing on the date of submission of application for plan sanction, said the High Court of Karnataka.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Joshi passed the order while allowing an appeal filed by the Bruhat Bengaluru Mahanagara Palike (BBMP), which had challenged May 2024 judgement of a single judge, who had said that rules prevailing on the date of submission of application for building plan sanction are applicable.
In 2013, Sangam Enterprises got approval from BBMP for constructing a commercial complex with multiplex comprising a basement, ground floor, first floor, second floor, third floor, and terrace conforming to the height of 15 metre.
Later, the firm purchased certain Transferable Developmental Rights (TDR) and then sought sanction from BBMP for modified plan in 2014 to add two more floors, while seeking 50% relaxation in set back area based on the provisions of the revised master plan prevailing during that period.
However, the BBMP did not consider grant of modified plan by insisting on no objection certificates from different authorities. Following this, the firm applied for modified plans in 2017 after obtaining NOCs and insisted that plan be sanctioned with 50% relaxation on set back area as per the rules prevailing in 2014 even though relaxation to set back was reduced to 25% in 2015 by amending the relevant rules.
The single judge, while allowing the petition filed by the firm, had directed the BBMP to issue modified plan as sought by the petitioner-firm.
However, the Bench said that conclusion of the single judge was contrary to the 1992 and 2004 verdicts of the apex court, which had upheld Calcutta High Court’s view that ‘building plans can only be sanctioned according to the building regulations prevailing at the time of sanctioning.’
Published – October 16, 2025 11:42 pm IST
