Purchasing Even 50 Sq Mtrs Plot A Dream In Bangalore, Authorities Should Favourably Consider Sanctioning Building Plans: High Court
Live LawThe Karnataka High Court has held that there is no blanket prohibition which is imposed as regards sanction of construction plan on a plot measuring less than 50 sq. is a dream for many of the persons and they would have bought such a property by investing their hard-earned money probably their life savings and even in some cases by obtaining financial accommodation from not only banks but from private lenders.” It added “Thus, I am of the considered opinion that unless there is some malafides or unless the use of such a plot is likely to cause serious harm and injury to the town planning and/or services being provided by any governmental agency, the authorities in question ought to consider a request made by such plot owners favourably and in a beneficial manner for such person.” The court made the observation while hearing a batch of petitioners filed either contending that private respondents have put up construction illegally and unauthorizedly without obtaining plan sanction and in violation of the Bye-Laws. In specific cases of sites for housing schemes for EWS, LIG, Slum Clearance and Improvement Schemes as well as reconstruction in case of densely populated areas, and plots sub-divided due to family partitions, the Authority may relax the above conditions.” It said if sites for housing schemes for EWS, LIG, 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 would not be applicable to sites of private individuals.” Court said it is left to the State to provide and make known necessary guidelines for the concerned officers to apply to in such cases. Court said petitioners and/or the respondents in the case had already put up construction without obtaining plan sanction but it would not be in the interest of justice to right away demolish those construction. “I am of the considered opinion that an opportunity would also have to be given to the land owner who has put up construction without having obtained a plan sanction to now submit a fresh application for sanction in terms of the above observations, such application for plan sanction to be accompanied by such documents as necessary which shall be considered by the jurisdictional authority and to be made within a period of 60 days from the date of issuance of guidelines by the Urban Development Department.” Disposing of the petitions it directed that the matter be re-listed on 29.01.2024 to enable the Principal Secretary to place the guidelines so formulated in respect of plots measuring 50 Square metres or lesser.
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