Mr.Yogananda N vs State Of Karnataka on 17 January, 2022
4. On hearing the learned Counsel for the petitioner,
the learned Counsel for the respondent-BBMP and on
perusing the petition papers, this Court finds that having
issued a sanction plan and a building licence, the
respondent-BBMP authorities cannot prevent the petitioner
from putting up construction in terms of the sanction plan.
Insofar as the land left for proposed road, in the property
belonging to the petitioner, if the respondent-BBMP
authorities are calling upon the petitioner to give up the
same free of cost, then it will be clearly against the
-5-
NC: 2023:KHC:25665
WP No. 6601 of 2023
provisions contained in Article 300A of the Constitution of
India. This issue was elaborately considered by a co-
ordinate Bench of this Court in the case of Dr.Arun
Kumar B.C. and Others Vs. State of Karnataka and
Others in W.P.No.9408/2020 and connected matters
dated 17.01.2022. Nevertheless, cause of action would
arise for the petitioner insofar as the land earmarked for
the proposed road, only if action is taken by the
respondent-BBMP authorities to form a road without
granting compensation or grant of Transferable
Development Rights in terms of Section 14-B of the
Karnataka Town and Country Planning Act, 1961.
Nevertheless, for the present, we are only concerned with
the plan sanction obtained by the petitioner and the
construction that can be put up by the petitioner
accordingly.