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D.N. Jeevaraj v. Chief Secretary, Govt. of Karnataka & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 13785 of 2015)Decided 27 Nov 2015
Civil Appeal No. 13785 of 2015
Justice Madan B. Lokur · Justice S.A. Bobde

Background

Two adjacent residential plots in Bangalore were allotted by the Bangalore Development Authority (BDA) under lease-cum-sale agreements, and the BDA refused the owners' request to merge them. The owners obtained building plan sanctions from the BBMP and began construction, which a newspaper and then a writ petitioner alleged was an illegal, composite, multi-storeyed commercial building. The Karnataka High Court quashed the building sanctions and directed the BDA to take action for breach of the lease condition.

Decision Breakdown

The Supreme Court set aside the High Court's judgment and allowed both appeals. It held that the plots had not been sub-divided and that no building was used for commercial purposes, so the lease condition was not breached. It held that deviations from the sanctioned plan in a building still under construction are for the BBMP and the owners to correct before an occupancy certificate is issued. The Court found that the High Court had taken over the BDA's discretion to act under the lease without giving reasons, which was impermissible. The Court also observed that a dispute directed against one individual or organisation is rarely a proper subject for public interest litigation, and that other remedies should be used, but it left open whether this petition was a genuine PIL.

Lesson Learnt

Courts should not take over the decisions a statutory authority is empowered to make, unless they give strong reasons. A building deviation is not automatically illegal while construction is still in progress, because it can be corrected before the occupancy certificate is granted. Concerns about a building should first be raised with the competent authority.

Official source (sci.gov.in)View Judgment (PDF)

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