The Karnataka High Court (Kar HC), in a petition to set aside the orders passed by Bruhat Bengaluru Mahanagar Palika and Ministry of Defence not allowing the Petitioners to proceed with construction of a residential building, has held that fundamental right to carry on one’s occupation under Article 19(1)(g) of the Constitution cannot be restricted by an executive action. The Kar HC further, noted that the right of the owner of a property to obtain sanction for a building plan – “concomitant right of property” – cannot be abridged by an executive fiat like the guidelines relied upon by the Ministry of Defence while refusing to grant No-Objection Certificate to the Petitioner.
