Ancillary use in residential areas only if width of road abutting the property is 40 ft or more

The Karnataka High Court on Wednesday directed the State government to issue a notification amending regulations of the Revised Master Plan-2015 based on a proposal by Bangalore Development Authority (BDA) to allow only ancillary use of residential properties instead of allowing conversion for commercial use. The counsel for the government said that the notification would be issued in three months from the date of receipt of BDA’s proposal.

A Division Bench comprising Chief Justice D.H. Waghela and Justice B.V. Nagarathna issued the direction while disposing PIL petitions filed in 2008 questioning commercial use of properties in residential (main) and residential (mix) areas.

The Bench issued the direction after the BDA Commissioner filed an affidavit stating that it would permit identified ancillary uses only if the width of road abutting the residential property is 40 feet or more.

A resolution in this regard would be sent to the government, which has to amend the regulations as per Section 13E of the Karnataka Town and Country Planning Act.

The BDA decided to do away with the provision to allow commercial use of residential properties after the court too expressed the view that it had caused much pain to the local communities.

The petitioners’ counsel agreed to the BDA’s proposal.

The Karnataka High Court made it clear that its interim order issued in 2012 — staying the grant of permission for commercial use or conversion of properties in areas classified as residential (main) and residential (mix) in RMP-2015 — remains valid till the government amends the regulations.

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