Karnataka High Court
WP/21952/2026 of MR. R. RAJAGOPALAN, Vs STATE OF KARNATAKA, on 31 July 2026
CNR: KAHC010489302026 NC: 2026:KHC:40102-DB WP No. 21952 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21952 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.21952 OF 2026 (GM-RES-PIL)
BETWEEN:
MR. R. RAJAGOPALAN,
S/O LATE MR. K. RAJAGOPALAN,
AGED ABOUT 57 YEARS,
R/AT NO.1259, 1ST B CROSS,
20TH MAIN, J.P. NAGAR 2ND PHASE,
BENGALURU - 560078
OCCUPATION: RETIRED CORPORATE
BOARD ADVISOR / URBAN STRATEGIST.
…PETITIONER
(BY SRI. R. RAJAGOPALAN, (PARTY-IN-PERSON)
AND:
1.
STATE OF KARNATAKA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
ROOM NO.320, 3RD FLOOR,
VIDHANA SOUDHA,
BENGALURU - 560001.
2.
STATE OF KARNATAKA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, ROOM NO.436, 4TH FLOOR,
Digitally signed
by
MAHALAKSHMI
B M
Location: High
Court of
Karnataka
HC-KAR
VIKASA SOUDHA,
BENGALURU - 560001.
3.
STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATION,
GOVERNMENT OF KARNATAKA,
ROOM NO.137, 1ST FLOOR,
VIDHANA SOUDHA,
BENGALURU - 560001.
4.
CHIEF COMMISSIONER,
GREATER BENGALURU AUTHORITY (GBA),
N.R. SQUARE, BENGALURU - 560002.
5.
COMMISSIONER,
BENGALURU NORTH CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
AMRUTHAHALLI MAIN ROAD,
BYATARAYANA PURA,
BENGALURU-560 092.
6.
COMMISSIONER,
BENGALURU CENTRAL CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
10TH FLOOR, PUBLIC UTILITY BUILDING,
M.G. ROAD, BENGALURU-560 001.
7.
COMMISSIONER,
BENGALURU EAST CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
RHB COLONY, OPPOSITE TO PHOENIX MALL,
BENGALURU-560 048.
8.
COMMISSIONER,
BENGALURU WEST CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
16TH CROSS ROAD, IPP OFFICE,
MALLESHWARAM,
BENGALURU-560 003.
HC-KAR
9.
COMMISSIONER,
BENGALURU SOUTH CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
NO.8, 9TH MAIN, 9TH CROSS,
JAYANAGAR, BENGALURU - 560011.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3; NOTICES TO R-4 TO R-9 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF
KARNATAKA (PRACTICE AND PROCEDURE FOR PUBLIC INTEREST
LITIGATION) RULES, 2018 PRAYING TO CALL FOR RECORDS AND
ENTIRE FILES/OPINIONS/REPORTS AND IN RESPECT OF THE
IMPUGNED FINAL NOTIFICATION NO.UDD 235 MNJ 2025(3) DATED
05.01.2026 FROM THE OFFICE OF RESPONDENT NO.2; AND CALL
FOR RECORDS AND ENTIRE FILES/OPINIONS/REPORTS AND IN
RESPECT OF RULES FRAMED, PLAN SANCTION SYSTEMS
CHANGES IDENTIFIED, DESIGNED, REVIEWED, APPROVED AND
INCORPORATED
WITH
TIMELINES
AND
SUBMIT
THE
COMPREHENSIVE LIST OF THE FRESH OR MODIFICATION PLAN
SANCTION AND LICENSE GRANTED FROM 05.01.2026 TILL DATE
OF THE COMPLIANCE REPORT SUBMISSION TO BE MADE BY THE
RESPONDENT NOS.5 TO 9 IN THEIR RESPECTIVE CORPORATIONS
BASED ON THE IMPUGNED FINAL NOTIFICATION NO.UDD 235 MNJ
2025(E) DATED 05.01.2026 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition as a public interest litigation, impugning the Zonal Regulations Notification dated 05.01.2026 issued under the Revised Master Plan 2015 of Bengaluru and Greater Bengaluru (Amendment) Regulations 2025, which set out setbacks for buildings of varying heights.
2. The petitioner, appearing in person, contends that the final regulations are materially different from the draft regulations that were published. He, therefore, contends that the said notification is ultra vires the provisions of the Karnataka Town and Country Planning Act, 1961. Secondly, he submits that since the regulations have retrospective effect, the same would amount to regularization of illegal construction, which is impermissible.
3. We find no merit in the aforesaid contentions. The draft notification was published on 11.11.2025, proposing amendments to the Zonal Regulations of the Revised Master Plan. The final notification, which contains certain variations, is stated to have been issued on the basis of the suggestions and inputs received.
HC-KAR
Thus, the final notification dated 05.01.2026 containing the regulations cannot be set aside merely on the ground that the regulations are not identical to the draft notification that was published on 11.11.2025.
4. The contention that the regulations are invalid as they seek to regularize illegal construction is also unpersuasive. The regulations essentially set out the parameters relating to setbacks and are not directed for regularization of the illegal constructions. A change in the parameters of the building bye-laws cannot be considered impermissible, for the reason that certain constructions that were earlier carried out contrary to the bye laws, may be regularised.
5. In view of the above, we decline to entertain the present petition. The same is dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE MBM/ List No.: 2 Sl No.: 11