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This is an archive article published on January 13, 2024

‘Authorities should consider sanctioning buildings on plots below 50 square metre’: Karnataka HC

Justice Suraj Govindaraj of the Karnataka High Court said, “It is left to the State to provide and make known necessary guidelines for the officers concerned to apply to in such cases."

karnataka high courtThe order was passed on December 11 by Justice Suraj Govindaraj while disposing of a set of petitions.

The Bruhat Bengaluru Mahanagara Palike (BBMP) should consider requests to sanction buildings located in plots smaller than 50 square metre, unless they interfere with town planning or government services, the Karnataka High Court had said.

The order was passed on December 11 by Justice Suraj Govindaraj while disposing of a set of petitions.

The judge said, “What we are concerned is sub-division of family properties which are vested with one of the family members and/or such family member having sold it to a third party. Considering the value of land in a city like Bangalore, even purchase of a plot less than 50 sq. mtrs. is a dream for many of the persons.”

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Justice Govindaraj added, “Unless there is some malafides or unless the use of such a plot is likely to cause serious harm and injury to the town planning and/or services being provided by any governmental agency, the authorities in question ought to consider a request made by such plot owners favourably and in a beneficial manner for such person.”

The judge further said, “If sites for housing schemes for EWS (economically weaker section), LIG (Low Income Group), Slum Clearance and Improvement Schemes as well as reconstruction in case of densely populated areas can be less than 50 (square metre)…I see no reason why the same would not be applicable to sites of private individuals.”

Justice Govindaraj also said, “It is left to the State to provide and make known necessary guidelines for the officers concerned to apply to in such cases.”

The matter will be heard again on January 29 when the BBMP Principal Secretary has been asked to place guidelines for such plots before the court.

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