Karnataka HC: no post-facto land condition for occupancy certificate

The Karnataka High Court has ruled that municipal authorities cannot impose a condition of executing a Relinquishment Deed for land without compensation at the stage of issuing an Occupancy Certificate (OC) if such condition was not imposed when the building plan was sanctioned. The single-judge bench of Justice B.M. Shyam Prasad allowed a petition by property owners who were asked to relinquish over 656 sq m of land for road widening to secure an OC for their completed building in Doddakannalli, Bellandur. The court said post-facto conditions cannot be insisted upon unless a specific statutory provision permits them.

The petitioners had obtained a sanctioned Building Plan and Building License on February 5, 2024, and a Commencement Certificate on February 15, 2025, under the erstwhile BBMP Act, 2020. After completion, the Assistant Director of Town Planning in July 2026 demanded a deed of relinquishment free of cost for road widening from 24 m to 45 m under the Revised Master Plan 2015. LiveLaw reports the court noted that neither the BBMP Act nor the Greater Bengaluru Governance Act, 2024, contained any provision allowing such demand. The court invoked Article 300A (right to property) and quashed the July 2026 endorsement. It directed the authority to issue the OC within eight weeks, provided the construction matches the sanctioned plan, while clarifying this does not affect future acquisition proceedings.