M/S Perody Builders Pvt Ltd v. State of Karnataka

NC:(2026:KHC:33667( WP(No.(16508(of(2026( ( , ,,HC-KAR( ( ( INATHEAHIGHACOURTAOFAKARNATAKAAATABENGALURUA

THDATEDATHISATHEA6 ADAYAOFAJULY,A2026A

BEFOREA THEAHON'BLEAMR.AJUSTICEABAMASHYAMAPRASADA

WRITAPETITIONANO.A16508AOFA2026A(LB-BMP)A

BETWEEN:AA

A -M/S-PERODY-BUILDERS-PVT-LTD-O/AT-NO.883-AND-886,--PERODY-CHAMBERS,--

TH4 --FLOOR,-VIJAYA-BANK-LAYOUT,--BILEKAHALLI,-BANNERGHATTA-ROAD,-BANGALORE-560076.-REPRESENTED-BY-ITS--

MANAGING-DIRECTOR-P.-RAMAKANTH-SHETTY-A-COMPANY-INCORPORATED--UNDER-THE-COMPANIES-ACT-1956.-

…PETITIONER-Digitally signedtiby (BY-SRI-GIRISH-R,-ADVOCATE)-VANAMALA0N AND:A Location: AHIGH0COURT OF 1.-STATE-OF-KARNATAKA-KARNATAKA REPRESENTED-BY--PRINCIPAL-SECRETARY,--URBAN-DEVELOPMENT-DEPARTMENT,--VIKASA-SOUDHA,--AMBEDKAR-VEEDHI,--BENGALURU-560001.--

2.-THE-COMMISSIONER,-BENGALURU-SOUTH--NC:(2026:KHC:33667( WP(No.(16508(of(2026( ( , ,,HC-KAR( ( ( CITY-CORPORATION,--GREATER-BENGALURU-AUTHORITY,--TH ND9 --MAIN-ROAD,-2 --STAGE,--JAYANAGARA,-BENGALURU-560011.--

3.-JOINT-DIRECTOR,-TOWN-PLANNING-(SOUTH),--BENGALURU-SOUTH-CITY-CORPORATION,-GREATER-BENGALURU-AUTHORITY,--TH ND9 --MAIN-ROAD,-2 --STAGE,--JAYANAGARA,-BENGALURU-560011.-…RESPONDENTS-(BY-SRI.-BOPANNA-BELLIAPPA.,-AGA-FOR-R1;-------SRI.-PAWAN-KUMAR.,-ADVOCATE--A/W--------SRI.-P.-CHIDANANDA.,-ADVOCATE-FOR-R2-&-R3)---THIS-W.P.-IS-FILED-UNDER-ARTICLES-226-AND-227-OF-THE-CONSTITUTION-OF-INDIA-PRAYING-TO-DECLARE-THAT-THE-OCCUPANCY-CERTIFICATE-IS-DEEMED-TO-BE-ISSUED-IN-VIEW-OF-SECTION-310(2)(b)-OF-THE-KARNATAKA-MUNICIPAL-CORPORATIONS-ACT,-1976-IN-RESPECT-OF-THE-RESIDENTIAL-APARTMENT-BUILDING-CONSTRUCTED-ON-A-PROPERTY-NO.-1470/SY.NO.-90,-WARD-NO.-193,-AREKERE-VILLAGE,-BENGALURU-SOUTH-TALUK-AS-PER-SANCTION-PLAN-BEARING-NO.-BBMP/-ADDL.DIR/-JD.SOUTH/-LP/0149/-2016-17-VIDE-ANNEXURE-D.---THIS-PETITION,-COMING-ON-FOR-PRELIMINARY-HEARING,-THIS-DAY,-ORDER-WAS-MADE-THEREIN-AS-UNDER:-

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner [a private limited company], asserts right to develop an immovable property in No.1470, [Sy. No.90], Ward No. 193 at Arekere Village, Bengaluru South Taluk, and the petitioner seeks a declaration that it must have the benefit of a deemed Occupancy Certificate as contemplated under Section 310 of the Karnataka Municipal Corporations Act, 1976 [for short, 'the Act'].

This Court, on 08.06.2026, has called upon Sri Pawan Kumar, a learned standing counsel for the Greater Bengaluru Authority and its Officers to secure instructions, and in response, Sri Pawan Kumar has placed on record a Memo along with the Endorsement dated

05.10.2023. The learned Standing Counsel in continuation submits that if the petitioner produces appropriate of clearance from the Karnataka State Fire Services and

certain other documents as mentioned in the Endorsement dated 05.10.2023, the petitioner's request for Occupancy Certificate will be considered subject to levies as permissible in law. Sri Girish R, the learned counsel for the petitioner, submits that most of these have already been submitted as annexures appended to the petition and that this Court may pass just orders in the light of the afore.

If the Endorsement is issued in October 2023 calling upon the petitioner to produce some documents and if the respondents' records indicate that the petition is pending consideration because the petitioner has not furnished the documents as mentioned in the Endorsement, this Court is of the view that a declaration need not necessarily follow and that the petition must be disposed of with liberty to the petitioner to furnish the documents with the jurisdictional Joint Director [the third respondent],

calling upon this Officer to examine these documents and communicate to the petitioner the levies payable, if any, and the decision on the issuance of Occupancy Certificate. In the light of the afore, the following. ORDER [A] The petition stands disposed of reserving liberty to the petitioner to file additional set of documents as per the Endorsement dated

05.10.2023 with the third respondent along with a certified copy of this Order within two [2] weeks from the date of receipt thereof.

[B] The third respondent is called upon to examine these and communicate the levies payable, if any, or the further documents that must be submitted for issuance of the Occupancy Certificate.

[C] The third respondent shall communicate the decision to the petitioner within four [4] weeks from the date of receipt of a certified copy of this Order and the documents.

Sd/- (B M SHYAM PRASAD) JUDGE

AN/-