Karnataka High Court Directs Bengaluru Municipality To Inspect Paying Guest Accommodations From February 18

The Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to inspect accommodations run by the Paying Guest Accommodation Welfare Association in Bengaluru, including to check whether the construction in question is as per the sanction plan.

The court was hearing the Association's petition challenging certain notices issued to it by the BBMP over alleged violation of trade license.

Justice Suraj Govindraj in his order noted the petitioner's contention that all the compliances with the BBMP Chief Commissioner's order dated 07.08.2024 have been made and notices issued by the authority is without application of mind.

"Since a categorical submission has been made that the requirements of the order dated 07.08.2024 has been made by the petitioners, I am of the considered opinion that the same would have to be ascertained by inspection thereof," the court said.

The court noted that Chief Commissioner's 2024 order pertained to guidelines to be followed while issuing the trade licence to all Paying Guest accommodations located in BBMP jurisdiction as per section 305 of BBMP Act 2020.

The BBMP's order notes that as per BBMP 2020 Act it is necessary to follow certain terms and conditions for issuing new Trade licence and renewal of existing trade licences to Paying Guest Accommodations in BBMP jurisdictions:

1. Facility must have all entries, exits and corridors under CCTV surveillance with software and hardware to ensure storage of 90 days of footage of each camera.

2. It must be ensured that as per occupancy related building norms, every occupant shall have not less than 70 square feet of space per head. The licence must be issued for a particular number of occupants for the facility under consideration for issuance of licence.

3. Facilities must have clean and hygienic wash room facilities for the occupants.

4. Facility must have a source of potable drinking water and the owner/applicant must make sure of the availability of 135 LPCD (litres per capita/person per day) of water.

5. If the facility has its own mass kitchen, then it must obtain the FSSAI licence within 3 months of serving of trade licence from BBMP.

6. Availability of at least one security guard with established credentials regarding his or her character 24/7 shall be ensured.

7. It must be ensured that the building has fire safety clearance from competent authority before granting of trade licence.

8. Display of the helpline numbers of BBMP and police for any emergency must be ensured.

9. Availability of first aid kit shall be ensured.

10. Facilities must follow solid waste segregation for their waste disposal.

The BBMP's order stated that the concerned authorities shall monitor compliance of these guidelines once in 6 months for all the facilities in their jurisdictional area and Zonal Commissioners shall ensure the compliance of above-mentioned guidelines and if any violations are found then necessary action against such facility shall be initiated as per the section 307 and 308 of BBMP 2020 act.

Taking note of the same, the court directed:

"In that view of the matter, it would be required for the jurisdictional Medical officer along with the jurisdictional ADTP to cause an inspection of each of the properties of the petitioners and members of petitioner No.1 to ascertain if each of the above requirements has been complied with. While doing so, they would also have to examine as to whether the construction which has been put up by the respective petitioners and members of petitioner No.1 is in accordance with the plan sanction granted. If no plan sanction has been granted, if it is in accordance with the applicable building by-laws (in all regards) and the user of the premises is so permitted under the relevant Zonal Regulations (in all regards).

The inspection to be carried out commencing from 10.30 a.m. on 18.02.2026 and endeavored to be completed within two weeks thereafter. Since the order is passed in the presence of the counsel for the petitioners, notice issued by the Medical Officer/ADTP to the counsel for the petitioners would be sufficient notice of the date and time of inspection as regards the respective properties of each of the petitioners and members of petitioner No.1. The petitioners could participate in the said inspection if they choose to do so or depute their respective representatives to do so"

The court directed that in the event of the petitioners not participating in the said inspection and/or not co-operating with the inspection, the petitioners would not be entitled to any equitable consideration.

The matter is listed on March 16.

Case title: PAYING GUEST ACCOMMODATION WELFARE ASSOCIATION, BANGALORE v/s STATE OF KARNATAKA

WP 24884/2025

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