Initiate disciplinary and criminal action against erring officers of local bodies if they approve building plans in industrial areas formed by KIADB or KSSIDC: Karnataka High Court

The High Court of Karnataka has said that the State government will have to initiate both disciplinary and criminal proceedings if any officers of local authorities like municipalities, panchayats, etc., take any action on grant of plan sanction, issuance of occupancy certificates, etc., to industrial areas formed either by the KIADB or KSSIDC.

Justice Suraj Govindaraj issued the direction after observing that only the Karnataka Industrial Areas Development Authority (KIADB) and the Karnataka State Small Industries Development Corporation (KSSIDC) have the power to grant plan sanction, development plans, occupancy certificate, commencement certificate, etc., in properties situated in an industrial area, industrial estate or a single unit complex formed by them.

The court issued the direction after the State government, based on the analysis of the law made by a committee set up on the directions of the court to examine whether local bodies can approve plans for building construction in an industrial plot allotted by the KIADB, issued a notification in July making it clear that only the KIADB and KSSIDC can approve plans for construction of buildings in industrial areas formed by them.

Plot owner files petition

The issue had arisen as Y. Venkatesh, an owner of industrial plot allotted by the KIADB in Bommasandra industrial area in Bengaluru, had filed the petition before the court questioning the action by the authorities to demolish the building on the grounds that it was constructed on the plan approved by the jurisdictional panchayat, which had no such power in law.

After the government asserted that local bodies have no jurisdiction to approve building plans in industrial areas, the court directed the petitioner to file an appropriate application for plan sanction to the KIADB as the petitioner had proceeded to construct the building, in which he is operating a restaurant, based on approval granted by Anekal panchayat. The panchayat had approved the plan instead of informing him it was not the authority to sanction plans.

The court said that KIADB can inspect and find out whether the building adheres to applicable byelaws and direct the petitioner to demolish if any portion of it is found to be a deviation from the permissible byelaw.

Published - October 28, 2024 08:38 pm IST