BENGALURU: The civic agency can’t restrict the length of balconies under its building bylaws, the high court observed in a recent judgment.
“The zonal regulations of the Revised Master Plan 2015, framed under the provisions of Karnataka Town and Country Planning (KTCP) Act, would prevail over BBMP in relation to a balcony. There can be no limitation to the length of balcony. The floor area of the balcony shall, however, be taken into consideration while calculating the FAR (floor area ratio), and builders can’t claim exemption in respect of this area, as provided under the building bylaws, 2003,” Justice NS Sanjay Gowda specified in his order while disposing of a couple of petitions.
Vineeth Nari, a registered structural engineer with BBMP, and Felicity Adobe LLP, Bengaluru, had approached the court, aggrieved by bylaw 14.3 which caps the length of a balcony to one-third of the length of each side of the building, while there is no such restriction under the zonal regulations. Appearing for the petitioners, senior advocate GS Kannur submitted that the zonal regulations will have to prevail over the bylaws, especially when there is a conflict between them.
After perusing the provisions of law, Justice Gowda said the KTCP Act contemplates preparation of a master plan for orderly development. “The provisions of the building bylaws framed by BBMP can’t obviously be contrary to the zonal regulations. However, when there is any conflict between (them), it is obvious that by virtue of Section 76M of the KTCP Act and Section 249A of the BBMP Act, it is the zonal regulations of RMP 2015 which would prevail,” the judge noted.
