Karnataka High Court Orders Demolition Of Illegal Building Recovery Of Costs From BBMP Officials

On June 2, 2025, the Karnataka High Court issued a landmark ruling ordering the demolition of an illegal residential building in JP Nagar 5th Phase, Bengaluru. In a significant move to uphold urban planning laws and hold civic officials accountable, the court also directed that the demolition costs be recovered from the Bruhat Bengaluru Mahanagara Palike (BBMP) officials responsible for allowing the unauthorized construction.

Background: A Case of Civic Apathy

The building in question, located in Nanjundeshwara Layout, was constructed without an approved building plan. Local residents raised complaints in February 2020, prompting a site inspection by a BBMP joint commissioner, who confirmed the absence of a sanctioned plan and assured that the building would be demolished. However, no action was taken.

Subsequently, the builder allegedly colluded with BBMP engineers to procure a backdated plan, issuing a 2021 plan and backdating it to 2020 to suggest it had been obtained before construction. The Anti-Corruption Bureau confirmed this forgery during its inquiry. Despite a Karnataka Appellate Tribunal ruling in favor of demolition, BBMP remained inactive. The builder then moved the High Court with the same forged documents, but the court was not convinced.

The High Court’s Verdict

Justice Sanjay Gowda, in his April 26 order, highlighted the collusion between the builder and BBMP officials. He noted that the building plan was approved on March 6, 2021, while the spot inspection had occurred earlier, on February 28, 2021. The assistant director of town planning not only approved the plan but also issued a building license on March 24, 2021.

The court observed significant deviations from sanctioned norms:

• Setback violations ranging from 20% to 95%

• Coverage deviation of 48.1%

• Built-up area deviation of 73.2%

• Floor Area Ratio (FAR) deviation of 73%

• Height violation of approximately 2.2 meters

• An extra floor constructed beyond the approved plan

These violations indicated a fundamental breach of building regulations, leading the court to order the building’s demolition and the recovery of costs from the responsible BBMP officials.

Implications for Urban Governance

This judgment sets a significant precedent in holding civic officials accountable for unauthorized constructions. It sends a clear message that negligence and collusion in permitting illegal buildings will not be tolerated. The ruling is expected to prompt stricter enforcement of building regulations and greater transparency within municipal bodies.

The case also highlights the need for systemic reforms within urban planning authorities to prevent such violations and ensure adherence to legal procedures.

Conclusion

The Karnataka High Court’s decision to demolish the illegal building in JP Nagar and recover costs from BBMP officials marks a pivotal moment in urban governance. It underscores the judiciary’s commitment to upholding the rule of law and ensuring accountability among civic authorities. This ruling is likely to have far-reaching effects on how unauthorized constructions are addressed in Bengaluru and potentially across India.