Case Note & Summary
The writ petition was filed by the owner of converted land and a real estate developer challenging an endorsement by the Bruhat Bengaluru Mahanagara Palike (BBMP) refusing an occupancy certificate. The petitioners had entered into a joint development agreement for construction of an apartment complex on land bearing Sy. No. 153/3, Doddakannahalli Village, Bengaluru. After obtaining necessary no-objection certificates, they applied for building plan sanction. The plan was sanctioned on 19.01.2018 under the then-prevailing Provisional Master Plan 2031, which did not show any proposed road through the property. A commencement certificate was issued on 28.02.2019 after verifying construction up to plinth level was as per the sanctioned plan. The petitioners completed the construction and applied for an occupancy certificate on 26.05.2022. On 20.06.2022, the State Government withdrew the Provisional Master Plan 2031, and the BBMP reverted to the earlier Revised Master Plan 2015, which had proposed an 18-meter wide road through the property. Consequently, the BBMP refused the occupancy certificate on the ground that the construction encroached on the proposed road corridor. The petitioners challenged this endorsement, arguing that the application was made while the 2031 plan was in force, and the BBMP could not rely on a subsequent withdrawal to reject it. The BBMP contended that after withdrawal, the 2015 plan revived and had to be considered. The court framed two questions: whether withdrawal of the provisional master plan negated actions taken under it, and whether the petitioners were entitled to the occupancy certificate. The court held that the BBMP had sanctioned the plan and issued a commencement certificate under the 2031 plan, and the petitioners acted on it by investing money and completing construction. The withdrawal of the 2031 plan on 20.06.2022 could not retrospectively invalidate the sanction or completion. The application dated 26.05.2022 had to be considered under the law as it existed on that date. Moreover, the BBMP was estopped from denying the certificate after having certified the construction as compliant. The court quashed the impugned endorsement and directed the BBMP to process the application and grant the occupancy certificate within five weeks, by 31.05.2023, subject to verification of compliance with the sanctioned plan and applicable rules.
Headnote
A) Town Planning – Master Plan – Effect of Withdrawal of Provisional Master Plan on Prior Actions – Karnataka Town and Country Planning Act, 1961 (implied) / Building Bye-laws – The issue was whether the withdrawal of the Provisional Revised Master Plan 2031 by the State Government rendered the plan sanction and commencement certificate granted under it invalid, thereby disentitling the petitioners to an occupancy certificate. The court held that actions taken under the provisional master plan, including sanction of building plan and issuance of commencement certificate, must be given due effect, and the subsequent withdrawal does not make the earlier Revised Master Plan 2015 applicable. The municipal corporation, having sanctioned the plan and certified construction as per plan, is estopped from denying the occupancy certificate on the ground of a proposed road in the earlier master plan. Accordingly, writ of mandamus was issued to process and grant the occupancy certificate. (Paras 13-14)
Issue of Consideration
Whether the withdrawal of the Provisional Revised Master Plan 2031 by the State Government would negate all actions taken under it, requiring consideration under the earlier Revised Master Plan 2015; Whether the petitioners are entitled to an occupancy certificate from the respondents.
Final Decision
The writ petition was allowed. The endorsement dated 22.08.2022 was quashed. A mandamus was issued directing respondent No.2 to process the application for occupancy certificate dated 26.05.2022 and grant it if the construction was in accordance with the sanctioned plan and all applicable rules, within five weeks, and at any rate before 31.05.2023.
Law Points
- Legal points not extracted
- withdrawal of provisional master plan does not retrospectively invalidate actions taken under it
- estoppel against municipal corporation when plan sanctioned and construction completed as per sanctioned plan
- occupancy certificate to be granted based on law at time of application not subsequent withdrawal
- actions taken under provisional master plan must be given due effect
- revised master plan not automatically applicable upon withdrawal
