Tag: Karnataka High Court

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Bengaluru body not a ‘promoter’: Petition in Karnataka HC

BENGALURU: The Bangalore Development Authority (BDA) has filed a writ petition with the Karnataka High Court, dated April 27 and registered April 29. The petition seeks clarification on whether the Real Estate (Regulation and Development) Act, 2016, is applicable to its residential layouts and schemes. The petition names the Union of India, the Karnataka government, and the Karnataka Real Estate Regulatory Authority (K-Rera) as respondents. BDA argues that it doesn’t meet the definition of a “promoter” as per Section 2(ZK) of the Act and thus should not fall under K-Rera’s jurisdiction. Additionally, BDA is requesting a declaration that the provisions…

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Karnataka HC: Compliance with Safety Norms Essential for Buildings

BENGALURU: The Karnataka High Court has ruled that high-rise residential buildings, including compact or “pocket” apartments, cannot be permitted if they pose a public safety risk, particularly to their occupants and nearby residents. A division bench, consisting of Justice DK Singh and Justice TM Nadaf, made this determination while dismissing a writ appeal from a Bengaluru real estate developer regarding compliance with fire safety setback requirements. The appeal, filed by Vishnu Sri Builders and Developers, contested an earlier order from a single judge about a modified building sanction plan for an apartment project in Halagevaderahalli, Rajarajeshwari Nagar. The dispute stemmed…

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Karnataka HC Denies Builder’s Appeal on Fire Safety Violations

BENGALURU: High-rise buildings containing compact “pocket” apartments, irrespective of their luxury features, cannot remain operational if they present any danger to public safety—especially for residents and neighboring areas. This ruling came from the high court while rejecting the writ appeal submitted by Vishnu Sri Builders and Developers, Bengaluru. The court emphasized that private interests must be secondary to public welfare and the common good. A panel of Justices DK Singh and TM Nadaf noted that regulatory actions by local authorities are justifiable when necessary to preserve public health and safety. On September 3, 2025, a single bench ordered that the…

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Karnataka HC: Sub-registrars must update docs in 4 weeks

BENGALURU: To prevent future litigations once sale deeds are declared void, the Karnataka High Court has established new guidelines for civil and commercial courts, as well as sub-registrars, to update property documents in a timely manner. Justice Sachin Shankar Magadum emphasized that in cases where a registered document related to immovable property is annulled, all civil and commercial courts must send a copy of the decree to the respective sub-registrar within four weeks. This correspondence should include the document number, registration date, book and volume details, and the nature of the annulled document. The decree must be accompanied by a…

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Embassy Developments’ Subsidiary Ordered to Surrender 78 Acres in Bengaluru

Representative image NEW DELHI: Embassy East Business Park (EEBP), a subsidiary of Embassy Developments, has received an order from the Karnataka Industrial Areas Development Board (KIADB) to surrender possession of a 78-acre land parcel in Bengaluru within 30 days, according to a BSE filing by the company. The order, dated March 16, 2026, concerns land located in the Kadugodi Industrial Area, which EEBP has held under a lease-cum-sale agreement executed in June 2007, set to remain in effect until June 2029. KIADB has invoked provisions under section 34B of the Karnataka Industrial Areas Development Act, 1966, claiming a breach of…

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Karnataka HC: Cooperative Model Unsuitable for Apartment Management

BENGALURU: The high court has declared that a cooperative society is not a suitable method for managing residential apartments and their communal areas on behalf of owners. This ruling led to the cancellation of the registration for the Sobha HRC Pristine Apartment Owners Cooperative Society in Jakkur. Justice MG Uma issued the order while accepting a petition from Msrs Sobha Limited, nullifying the registration that had been granted by the assistant registrar of cooperative societies in the Bengaluru Urban district on September 6, 2023. Additionally, the court overturned a decision made on February 7, 2024, by the deputy registrar of…

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High Court Orders Inspection of Bengaluru PGs for Violations

BENGALURU: The Karnataka High Court has mandated an inspection of the Paying Guest Accommodation Welfare Association’s premises in Bengaluru to verify adherence to guidelines set by civic authorities. Justice Suraj Govindaraj stated that officials must determine if the structures erected by the petitioners and association members follow the approved plans. In cases lacking sanctioned plans, compliance with existing building bylaws and permissible usages under relevant zoning regulations must be evaluated. The inspection is scheduled to commence at 10:30 AM on February 18 and should be completed within two weeks. The court clarified that petitioners could join the inspection or appoint…

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Karnataka HC Supports Premium FAR Policy; Dismisses TDR Petitions

In a major ruling concerning urban development in Karnataka, the High Court has affirmed the State’s implementation of a Premium Floor Area Ratio (Premium FAR) under Section 18B of the Karnataka Town and Country Planning Act, 1961. The court dismissed two petitions submitted by landowners and Transferable Development Rights (TDR) holders who challenged the constitutional validity of the amendment and related notifications. The petitions were filed by landowners whose properties were previously acquired for public use, receiving TDR instead of monetary compensation. They contended that the introduction of Premium FAR enables developers to gain additional buildable rights from the government…

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No GST on Leasing Residential Premises as Student Hostels: SC

NEW DELHI: The Supreme Court ruled on Thursday that leasing residential premises to entities utilizing them as hostels for students and working professionals is exempt from GST. Justices JB Pardiwala and KV Viswanathan upheld the Karnataka High Court’s decision, affirming that such leasing practices are indeed exempt under GST. “In this instance, the primary purpose of the property as a residence is unchanged. Imposing an 18% GST on the transaction between the respondent No. 1 and the lessee, M/s DTwelve Spaces Private Limited, would eventually burden students and working professionals, undermining the legislative intent of providing exemptions for residential use,”…

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Karnataka HC Sets Guidelines for Auto-Updating Civil Court Decrees

BENGALURU: The High Court has issued guidelines aimed at integrating civil court decrees into the state’s digital revenue systems, ensuring that judicially declared rights are promptly reflected in land records. Justice Sachin Shankar Magadum has launched a new workflow, titled ‘Mutation based on Civil Court Decree’ in Kaveri 2.0, designed to streamline decree-based mutations and reduce uncertainties for revenue authorities. Under this new module, the departments of stamps and registration alongside the revenue department, in cooperation with the Centre for Smart Governance, will verify decrees, automatically generate mutation requests to Bhoomi, and facilitate the recording of proportional shares in the…