Karnataka High Court Orders State Gov. to Establish Building Guidelines for 50 sq. m Plots in Bengaluru

Kumari Kusuma, along with a group of concerned citizens, has taken legal action by filing multiple petitions in the High Court. Their objective is to ensure the demolition of properties that lack proper sanctioned plans. In a separate case, Nagaraju, a resident, is challenging the decision made by the BBMP, which denied approval for the construction of buildings spanning an area of 50 square meters.

The High Court, presided over by a single judge, has acknowledged these petitions and emphasized the need for guidelines to be formulated for building projects, including commercial properties, on plots smaller than 50 square meters under the BBMP. The compliance report for these guidelines is expected to be submitted by January 29, 2024.

Considering the high value of land in metropolitan cities like Bengaluru, owning a plot measuring less than 50 square meters is a cherished dream for many. The High Court bench has recognized that individuals often take loans and invest their lifelong savings to purchase such land. Consequently, the state government has been instructed to establish the necessary guidelines for approving the construction of buildings on these small plots.

According to Rule 7.2 of the BBMP Bye-law 2003, construction of buildings on plots smaller than 50 square meters will be permitted in cases involving economically weaker sections (EWS), low-income groups (LIG), redevelopment of densely populated areas (including slums), and separation of families. The Principal Secretary of the Urban Development Department has been tasked with formulating the required guidelines in this regard.

What is the background of the case?

From 2017 to 2023, the BBMP (Bruhat Bengaluru Mahanagara Palike) consistently denied construction approval to individuals who had built houses on plots smaller than 50 square meters in different areas of Bengaluru. Numerous members of the public filed a petition, urging the court to order the BBMP to demolish these unauthorized and illegal structures. The court consolidated these petitions and resolved the matter by instructing the Urban Development Department to establish comprehensive guidelines.