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Karnataka High Court clarifies approval authority for industrial projects

Synopsis

The Karnataka High Court has ruled that only the Karnataka Industrial Area Development Board (KIADB) and the Karnataka State Small Industries Development Corporation Ltd. (KSSIDC) can grant approvals for building plans and occupancy certificates in industrial areas. This ruling arose from a case involving Y Venkatesh, whose restaurant faced demolition after obtaining approval from an unauthorised local body. The court's decision reinforces a previous government notification, clarifying jurisdiction and reducing the risk of legal disputes. Venkatesh must resubmit his plans to KIADB for compliance evaluation, emphasising the need for adherence to established regulations in Karnataka's industrial development.

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The Karnataka High Court has issued a significant ruling that emphasises the exclusive power of the Karnataka Industrial Area Development Board (KIADB) and the Karnataka State Small Industries Development Corporation Ltd. (KSSIDC) in granting approvals for building plans and occupancy certificates in industrial areas. This decision aims to streamline the approval process and ensure compliance with established regulations.

Justice Suraj Govindaraj's directive comes in response to a case involving Y Venkatesh, who faced demolition orders for his restaurant located in the Bommasandra industrial area of Bengaluru. Venkatesh had obtained approval for his building from the local Anekal panchayat, which, as the court noted, did not have the legal authority to issue such approvals for industrial properties. This situation highlights the confusion that can arise when local bodies engage in activities outside their jurisdiction.

In July, the Karnataka government issued a notification based on recommendations from a court-appointed committee. This notification clarified that only KIADB and KSSIDC have the authority to process applications for plan sanctions and occupancy certificates in designated industrial areas. The court's ruling reinforces this directive, ensuring that local bodies cannot issue approvals that may lead to unauthorised constructions.

The implications of this ruling are significant for local authorities and industrial developers. It establishes a clear framework for how industrial projects should be managed and approved, reducing the risk of legal disputes over jurisdiction. Moreover, it ensures that all developments adhere to the specific regulations set forth by KIADB and KSSIDC, which are designed to maintain order and safety in industrial zones.

The court has instructed Venkatesh to resubmit his building plans to KIADB for proper evaluation. This process will involve an inspection to ensure compliance with relevant bylaws. If any part of the building is found to be non-compliant, KIADB has the authority to order its demolition. This ruling serves as a reminder to all developers in Karnataka's industrial areas to ensure they follow the correct procedures when seeking approvals.

As Karnataka continues to develop its industrial landscape, this ruling may help prevent future conflicts over jurisdiction and promote a more organised approach to industrial development. By centralising the approval process within KIADB and KSSIDC, the state government aims to enhance accountability and efficiency in managing industrial projects.

In conclusion, the Karnataka High Court's decision is a pivotal step in clarifying the roles of local authorities and state agencies in the approval process for industrial developments. It underscores the need for compliance with established regulations and aims to foster a more structured environment for industrial growth in the state. As the industrial sector evolves, adherence to these guidelines will be crucial for sustainable development in Karnataka.

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