HIGH COURT CLARIFICATION OVER THE NEW BBMP CIRCULAR ON DETERMINATION OF ROAD WIDTH AND FAR CALCULATION DURING THE PLAN APPROVAL.

On 11.09.2015 the BBMP had issued a Circular No.739/2015-16 with respect to Parameter for Road width determination and Floor Area Ratio while sanctioning Plans.

The said circular was been issued due to the Land Owner used to mention road width measurement as Sq.Meeter instead of Sq.Feet. By doing so, confusion is going on while determination of FAR.

Hence, the BBMP issued this parameter Circular for their internal officer’s information as portrayed in Writ Petition.

By dint of this circular, M/s. Confederation of Real Estate Developers Association of India has filed a Writ Petition by challenging this circular before the Hon’ble High Court of Karntaka in WP No.48948/2015.

Subsequently, the Hon’ble Mr. Justice H.G. Ramesh has orally passed order which is recorded that Mr. Nanjunda Reddy, who is designate learned senior counsel for Petitioner has argued that this circular is contrary to the Zoning of Land use & Regulation Revised Master Plan 2015 and Learned Advocate General submitted that the State Government has received suggestion from the BBMP with respect to the same and the same process is under process to bring about uniformity all over the State.

Finally, Advocate of the BBMP submitted that the impugned Circular is only for internal guidance of officers of the BBMP and while considering the applications for sanction of building plans, the BBMP will follow the Zoning of Land use & Regulation Revised Master Plan 2015 for the Bangalore Metropolitan Area. His submission is placed on Court Records.

Hence, as per the BBMP learned Counsel request, the Hon’ble Court did not pass any order in this Writ Petition and this petition accordingly disposed off.

Therefore, don’t worry about this circular and all previous existed zonal regulations are still applicable while determination of Road width and FAR calculation.