DHAMMANAGI DEVELOPERSS PRIVATE LIMITED Vs. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE AND ORS.

JUDGEMENT

(1.) In this writ petition, petitioner is aggrieved by the endorsement dated 05.03.2013 - Annexure -M issued by the Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru.

(2.) As per the said endorsement, petitioner is informed that as per the Government Notification issued in the year 2011 bearing No. HD 33 SFB 2011 dated 07.07.2011, any building having height above 15 mtrs. was required to be treated as a high rise building, in respect whereof, BBMP and its authorities are required to obtain No Objection Certificate from fire and emergency force and that without such No Objection sanction shall not be given to the plan submitted. It is also stated in the said endorsement that in the inspection conducted by the officers of the BBMP, it was found that petitioner was putting up fourth floor without obtaining necessary sanction plan. Petitioner was thus informed that in the light of the above, he was not entitled for grant of sanction for the modified plan to construct fourth floor.

(3.) It is relevant to notice at this stage that petitioner had approached this Court earlier by filing W.P. No. 30596/2011, wherein a similar endorsement issued calling upon the petitioner to obtain No Objection from the fire force was challenged, as the construction proposed to be undertaken in the fourth floor was a high rise building. This Court after considering the matter at length and by examining the notification issued by the State Government and also the zoning regulations and the revised Master Plan 2015, has held that the proposed construction by the petitioner could not be called as high rise building. It is useful to extract the observations made in paragraph 10 of the order passed in the previous writ petition.