Tag: Karnataka High Court

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Karnataka HC: Premium FAR Scheme Isn’t Akrama-Sakrama Rebranded

BENGALURU: The High Court has upheld the state’s Premium Floor Area Ratio (FAR) scheme, asserting that it should not be equated with the controversial Akrama-Sakrama scheme, which is aimed at regularizing unauthorized constructions. In its judgment, delivered on June 15, the division bench, comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha, dismissed a public interest litigation and a related writ appeal, emphasizing that the Premium FAR scheme fundamentally differs from Akrama-Sakrama. The Premium FAR scheme modifies development regulations uniformly rather than legalizing illegal structures. The court noted that the Akrama-Sakrama scheme allows for regularizing unauthorized constructions through payment, while…

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Karnataka HC Supports Land Acquisition for Banashankari VI Stage

BENGALURU: In a significant development for the Bangalore Development Authority (BDA) and site allottees, the Karnataka High Court has upheld the acquisition of specific land parcels in Hemmigepura and Ganakallu villages located in Kengeri hobli for the Banashankari VI Stage project. A division bench consisting of Justices DK Singh and S Rachaiah delivered the ruling, overturning a previous decision made by a single bench on January 27, 2025. The court emphasized that once land is acquired by the state government free from all encumbrances, there is no basis for challenging the acquisition. It deemed the petition as a significant misuse…

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SC urges Karnataka HC to swiftly resolve ED-Empire East dispute

NEW DELHI: The Supreme Court has urged the Karnataka High Court to quickly resolve ongoing petitions involving Embassy East Business Park Pvt Ltd, while choosing not to intervene in an interim order currently in effect from the High Court. A Bench comprising Justice Dipankar Datta and Justice Augustine George Masih issued this directive while addressing a Special Leave Petition presented by the Enforcement Directorate (ED) in relation to an interim order concerning Embassy East Business Park Pvt. Ltd. and others. The Bench remarked that the criminal petition and associated matters are already scheduled for hearing before the 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…