The Karnataka High Court has dismissed an appeal filed by a city-based builder, reinforcing strict adherence to setback norms in high-rise developments. The division bench made it clear that public safety cannot be compromised, even if it results in hardship to developers.
Background of the Case
The case arose from a dispute involving M/s Vishnu Sri Builders and Developers and residents of Rajsri Apartments in Bengaluru. Apartment owners had earlier approached the court challenging a revised fire safety clearance (NOC) issued in 2023 and a modified building plan approved in 2021.
Residents argued that the builder altered the original residential project into a mixed-use development, adding a commercial block that allegedly violated mandatory open space (setback) requirements. They expressed concern that reduced space around the building could obstruct emergency services like fire engines and ambulances.
A Single Judge of the High Court had earlier ordered that the modified plan be kept in abeyance and directed demolition of construction made within the setback area.
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During the hearing of the appeal, the bench comprising Justice D K Singh and Justice T.M. Nadaf closely examined inspection reports submitted by the Fire and Emergency Services Department.
The report revealed that the required minimum 8-meter-wide open space around the building was not fully maintained. In some portions, the setback fell short, making it difficult for large fire-fighting vehicles to maneuver.
“The easy movement of aerial ladder platforms is not possible,” the inspection report noted, highlighting the risk during emergencies.
The bench emphasized that fire safety norms are not mere technicalities but essential safeguards. It observed,
“Private interest stands subordinate to public interest and public good,” stressing that safety of residents and nearby areas must take precedence
The court also relied on Supreme Court rulings, noting that unauthorized constructions cannot be regularized simply because money has been invested or time has passed.
The builder’s counsel argued that the sanctioned plan already provided for 8-meter setbacks and that newer legal requirements under the Karnataka Fire Force (Amendment) Act, 2023 should not be applied retrospectively.
However, the court was not persuaded. It pointed out inconsistencies in official records and noted that even municipal authorities had admitted discrepancies in approvals and compliance.
After reviewing all material, the High Court found no error in the earlier order of the Single Judge.
“The report… clearly shows that vehicle movement with aerial ladder is not possible in emergency rescue operations,” the bench observed, concluding that deviations affecting safety cannot be condoned.
Accordingly, the writ appeal was dismissed, and the earlier directions — including halting construction and removing violations in setback areas — remain in force.
Case Detail
Case Title: M/s. Vishnu Sri Builders and Developers vs The Commissioner, BBMP & Others
Case Number: Writ Appeal No. 1637 of 2025 (LB-BMP)
Judges: Hon’ble Mr. Justice D K Singh and Hon’ble Mr. Justice T.M. Nadaf
Decision Date: 7 April 2026
