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The Karnataka High Court has ruled that BBMP cannot impose restrictions on balcony lengths beyond what is specified in the Zonal Regulations of the Revised Master Plan (RMP) 2015. The court stated that RMP 2015, formulated under the Karnataka Town and Country Planning Act, takes precedence over BBMP's Building Bylaws, which had limited balcony lengths to one-third of a building's side. However, it clarified that balcony areas must be included in the Floor Area Ratio (FAR) calculation. This decision aligns with previous rulings emphasizing the authority of master plans in urban development regulations.
The Karnataka High Court has clarified that the Bruhat Bengaluru Mahanagara Palike (BBMP) cannot limit the length of balconies in building constructions based on its own bylaws. The court emphasized that the Zonal Regulations outlined in the Revised Master Plan (RMP) 2015, formulated under the Karnataka Town and Country Planning (KTCP) Act, take precedence over BBMP's building bylaws regarding balcony specifications. Advertisement
The court addressed the conflict between BBMP's Building Bylaws, 2003, and the Zonal Regulations of RMP 2015. Specifically, Bylaw 14.3 of BBMP's regulations restricts the length of a balcony to one-third of the length of each side of the building. In contrast, the Zonal Regulations under RMP 2015 do not impose such a limitation. Justice N.S. Sanjay Gowda stated that in cases of such discrepancies, the provisions of the RMP 2015 would prevail over BBMP's bylaws.
The court further clarified that while there is no restriction on the length of balconies as per the Zonal Regulations, the floor area of the balcony must be included when calculating the Floor Area Ratio (FAR). Builders cannot claim exemptions for balcony areas in this calculation, ensuring that the overall built-up area remains within permissible limits.
This ruling came in response to petitions filed by Vineeth Nari, a registered structural engineer with BBMP, and Felicity Adobe LLP, a Bengaluru-based firm. They challenged the balcony length restriction imposed by BBMP's bylaws, arguing that the Zonal Regulations should take precedence. The court's decision supports this viewpoint, reinforcing the authority of the RMP 2015 in guiding urban development.
This judgment underscores the importance of aligning municipal bylaws with broader urban planning regulations to ensure consistency in building standards. It also highlights the need for builders and developers to be well-versed with prevailing master plans and zonal regulations to ensure compliance in their projects.
In a similar context, the Delhi High Court, in a past ruling, emphasized that municipal bylaws should not contradict the city's master plan. The court highlighted that in cases of conflict, the master plan would take precedence to maintain uniformity in urban development.
These instances highlight the critical role of comprehensive master plans in guiding urban development and ensuring that local bylaws are in harmony with broader planning objectives.
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