BENGALURU: The Bangalore Development Authority (BDA) has issued a new circular regarding rectified occupancy certificates, providing much-needed relief to home buyers.
For years, many buyers struggled to obtain occupancy certificates because of the requirement to reserve 10% of flats for Economically Weaker Sections (EWS).
This regulation was challenged in court, and the High Court deemed the original BDA circular from November 8, 2010, unconstitutional. While the petition was resolved on August 7, 2024, the BDA took almost a year to release the revised circular.
The High Court ruled that according to Article 300A of the Indian Constitution, no individual can be deprived of their property, and any law allowing the State to acquire property must be fair and just. It emphasized that when properties are acquired, appropriate compensation must be provided.
“The circular prevents owners from maximizing their property’s value without granting them any benefits, constituting a violation of Article 300A,” the High Court order noted. “For this reason, the court invalidated the later notification in WP No 9800/2015, and the current circular is also subject to dismissal,” the order continued.
Bangalore Mirror reported a story titled ‘Room with a skew’ on March 9, 2023, detailing accusations against the BDA for issuing occupancy certificates for flats intended for EWS that were subsequently sold to the general public at regular prices.
Dhananjaya Padmanabhachar, Convenor of the Karnataka Home Buyers Forum, remarked that the EWS flat reservation issue has been a major challenge for home buyers in Karnataka.
He mentioned that while occupancy certificates and authorized project plans stated that 10% of the flats were designated for EWS, many of these units were often absent. He brought this issue to the attention of the Karnataka Lokayukta in 2023.
“The BDA sent a notice to the promoters for not adhering to the approved plan. One promoter took the matter to the High Court,” he explained. He highlighted that the court ruled that imposing EWS reservations on private properties is unconstitutional and directed the BDA to amend the occupancy certificate. “The EWS flat reservation issue was resolved through the intervention of the Lokayukta and the High Court. After multiple requests from promoters and buyers, the BDA revised the occupancy certificate for Sobha Arena apartments on July 19, 2025,” he concluded.
