Court stays BBMP action against apartments on Race Course Road

Court stays BBMP action against apartments on Race Course Road

Staff Reporter

BANGALORE: The Karnataka High Court on Friday, in an interim order, stayed any action by the Bruhat Bangalore Mahanagara Palike (BBMP) against a high-rise apartment complex on Race Course Road.

The petitioner, Nitesh Estates Private Ltd., said on January 27, 2005, it had obtained sanction and licence to construct a 10-floor apartment. The commencement certificate was given to it on March 9, 2005, and on December 4, it obtained permission for installation of a diesel generator.

On May 3, 2007, it said the Karnataka State Pollution Control Board had granted permission under the Air and Water Act. The petitioner said the owners of the apartments had also paid their taxes. It said in 2007, the BBMP issued a notice instructing the building owners to give it 60 feet for widening Race Course Road. Subsequently, the BBMP claimed that the apartment had not left adequate setback and, hence, issued a provisional notice under the Karnataka Municipal Corporation Act.

The petitioner said the notice of the BBMP to take action against it was arbitrary and illegal. It had urged the court to stay the BBMP notice. Justice S. Abdul Nazir stayed the BBMP action and adjourned further hearing on the petition.