GBA’s city corporations can’t add new conditions for issuing Occupancy Certificates after approving building plan: Karnataka High Court

The Greater Bengaluru Authority (GBA) cannot impose new conditions for issuing Occupancy Certificates (OCs) after the building plan has been approved, according to a recent ruling by the Karnataka High Court. The court stated that any post facto conditions cannot be insisted upon and there must be a specific provision in the law allowing such conditions to be sustained.

Justice B.M. Shyam Prasad made this ruling while allowing petitions filed by K.N. Venugopal and another challenging a communication issued by the Assistant Director of Town Planning of Bengaluru East City Corporation. The communication demanded the surrender of 765.46 sq. m. of land for free in exchange for granting an OC for a newly constructed building with a basement, ground floor, and three upper floors on a property measuring 2,648.81 sq. m.

The petitioners had previously obtained a commencement certificate from the Bruhat Bengaluru Mahanagara Palike (BBMP) in February 2024.

The court noted that neither the BBMP Act nor the current Greater Bengaluru Governance (GBG) Act contain provisions for post facto conditions related to land relinquishment for road widening as a condition for granting an OC. The court emphasized the need to adhere to the due process of law and observed that a property owner cannot be denied the right to property without proper legal procedures.

The court directed the corporation to issue the OC without insisting on the surrender of land, provided the construction was completed within eight weeks according to the sanctioned plan. The court affirmed that this decision would not benefit the petitioners if the authorities sought to acquire a portion of their land for road widening.