HC Rules GBA Cannot Impose New Conditions for Occupancy Certificate

The Karnataka High Court has ruled that civic authorities cannot impose post-facto conditions, such as demanding land relinquishment for road widening, to issue an occupancy certificate when a building has been constructed strictly according to its sanctioned plan and building licence. Justice BM Shyam Prasad issued the ruling while allowing a petition filed by Doddakannelli residents KN Venugopal and KN Srinivas.

The petitioners own a property measuring 2,648.81 square metres in Doddakannelli in Bengaluru East, falling under the jurisdiction of the Bruhat Bengaluru Mahanagara Palike, now the Greater Bengaluru Authority. They received a sanctioned building plan and building licence in February 2024 to construct their building. In February 2025, authorities issued a commencement certificate after verifying that the ongoing construction was in accordance with the approved plan.

Trouble began when the petitioners applied for an occupancy certificate (OC). The Assistant Director of Town Planning of Bengaluru East City Corporation issued an endorsement dated July 1, 2026, refusing the request unless the owners executed a relinquishment deed. The endorsement stated that the property abuts a 24-metre-wide road that must be widened to 45 metres under the Revised Master Plan 2015, requiring a portion of the land to be surrendered.

The petitioners approached the High Court challenging the endorsement, arguing that civic authorities could not legally demand land surrender at the OC stage after the structure had already been constructed in line with the sanctioned plan under the erstwhile BBMP Act.

Justice BM Shyam Prasad observed that no provision in the BBMP Act or the GBA Act permits authorities to demand the relinquishment of land for road widening as a prerequisite for granting approval or issuing an occupancy certificate for a building raised in compliance with sanctions. The court noted that a citizen cannot be deprived of property save by the authority of law, citing protections under Article 300A of the Constitution of India, and directed the GBA to issue the occupancy certificate.