SRI Y VENKATESH v. THE BANGALORE URBAN ZILLA PANCHAYTH

The petitioner is before this Court seeking for the following reliefs: a. b. Issue an order, direction or writ in the nature of certiorari quashing the order dated 26.02.2015 passed by the 1st respondent bearing No.Adalitha (1) 105/2012-13, produce at Annexure-A. Issue any other order, direction or writ deemed fit and proper circumstances of the case. this Hon’ble Court

The petitioner claims to be the Proprietor of a Hotel running under the name and style of “M/s.Vishnu Hotel”. The said hotel was constructed in Plot No.256-A1 in Bommasandra Industrial Area, Anekal Taluk, which plot was allotted to the petitioner as per an allotment letter dated 21.11.1995 by Karnataka Industrial Area Development Board (hereinafter referred to as ‘KIADB’ for short).

Learned counsel for the petitioner contended that the petitioner/allottee has complied with all the terms and conditions imposed by the KIADB and thereafter, - 4 - NC: 2024:KHC:40784 WP No. 8685 of 2015 a registered sale deed came to be executed on

25.9.2000.

Contending that the KIADB has no jurisdiction since a sale deed has been executed, the petitioner applied to the Bommasandra Grama panchayat for grant of plan sanction for putting up construction on the said plot, which was so granted. In terms thereof, the petitioner put up the construction, and thereafter, he has been running his business by making payment of necessary the Bommasandra Grama Panchayath.

The KIADB on 21.6.2013 had issued notice/letter to the Panchayath Development Officer, Bommasandra Grama Panchayath, calling upon the Panchayath to cancel the general license issued in favour of the petitioner. The petitioner applied to respondent No.3, seeking a copy of the letter. Thereafter, the said letter challenged WP No.30821/2013 which came to be disposed vide order dated 4.8.2021, when letter dated - 5 - NC: 2024:KHC:40784 WP No. 8685 of 2015

21.6.2013 was read down as a show cause notice with liberty to the petitioner to reply to the same.

Subsequent thereto, respondent No.1-Bangalore Urban Zilla Panchayath issued a letter on 7.7.2014 to respondents No.2 and 3 directing them to inform BESCOM to disconnect the powers supply to the said property. The petitioner challenged WP No.35235/2014, which was disposed of by this Court vide order dated 25.7.2014 directing respondent No.1 to reconsider the matter by giving the petitioner an opportunity.

Thereafter, the petitioner submitted the documents that he relied upon, and a personal hearing was requested; without any hearing being held, the petitioner learnt on 28.2.2015 that directions have been issued for the demolition of the building. on the basis of the certain complaints received from certain third parties. There are various allegations which had been made against the petitioner as regards the fabrication of the building license and plan sanction - 6 - NC: 2024:KHC:40784 WP No. 8685 of 2015 and finally, by way of Annexure-A being the order dated 26.2.2015 issued by the Zilla Panchayat, the property of the petitioner was directed to be demolished. It is challenging the same that the petitioners are before this Court seeking for the aforesaid reliefs.

After hearing all the counsels, the issue that came up for consideration was who is the plan sanctioning authority in respect of a plot allotted by the KIADB, even after a sale deed was executed by the KIADB. KIADB having contended that only it can sanction the plans, and the Panchayat also took the stand that only the Panchayat can sanction the plans.

Against that background, the State of Karnataka, represented the Commerce Industries Department, Urban Development Department, and Karnataka Industrial Areas Development Board, were brought on record.

The Learned Advocate General was also requested to assist this Court in the matter and make his - 7 - NC: 2024:KHC:40784 WP No. 8685 of 2015 submissions since the issue raised in the present matter had a wider ramification across all industrial areas established by the KIADB where lakhs of plots have been formed, putting at risk the interest of all such allottees, who do not know as to who they have to approach after a sale deed has been executed, whether it is KIADB or Panchayat.

At the intervention of the learned Advocate General, a committee was constituted under the Chairmanship of the Additional Chief Secretary and Development Commissioner along with the Secretary of the Urban Development Department, Rural Development and Panchayat Raj Department, Commerce Industries Department to formulate the policy. The said committee had formulated a policy, and the policy is found in the Government Order dated

1.6.2024. The proceedings of a committee enclosing the Government Order were filed along with the memo dated 3.6.2024, which reads as follows; Memo - 8 - NC: 2024:KHC:40784 WP No. 8685 of 2015 The Respondent No.4 submits that as per the order dated 22.03.2024, the Government has constituted the committee under the Chairmanship of Additional Chief Secretary and Development Commissioner along with Secretaries of UDD, RDPR and Commerce & Industries Department to formulate a policy. Accordingly, meeting was held committee’s on 6.5.2024. Based on recommendation, the Government has issued an order No.CI 652 SPA 2023, Bengaluru, dated 01.06.2024. As per the said order the KIADB is the Authority to issue Building Plan/Permission within the industrial areas. The copy of the aforesaid order is herewith produced for kind perusal of this Hon’ble Court. Wherefore, the Respondent No.4 prays that this Hon’ble Court be pleased to place the copy of the Government order on record, in interest of the justice and equity.

The government order No.CI 652 SPA 2023, Bengaluru, dated 01.06.2024 reads as under: PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA Sub: Sanction of Building Plan Industrial Areas/Estates and Single Unit Complexes developed by Karnataka Industrial Areas Development Board (KIADB)/Karnataka Small Industries Development Corporation (KSSIDC)-reg. Read:1) Hon'ble High Court Order dated: 22.03.2024 vide W.P. No. 8685/2015. 2) Government Order No. CI 652 SPA 2023, dated 30.04.2024. 3) Proceedings of the meeting held on 06.05.2024. PREAMBLE: - 9 - NC: 2024:KHC:40784 WP No. 8685 of 2015 Hon'ble High Court Order dated: 22.03.2024 vide W.P. No. 8685/2015 directed the Chief Secretary, GoK to form a Committee comprising of Principal Secretary, UDD, Principal Secretary, C&I, Principal Secretary, RDPR, CEO & EM, KIADB and such other Officers to formulate a policy to clarify as to which Authority has to approve building sanction plan. Accordingly, the Government has constituted the Committee under the Chairmanship of Additional Chief Secretary and Development Commissioner along with Secretaries of Urban Development, RDPR and Commerce & formulate a policy to clarify that which authority has to sanction building plan in industrial areas/estates and single unit complexes developed by KIADB & KSSIDC cited at ref. (2) above. Industries Departments A meeting was held under the Chairmanship of Additional Chief Secretary and Development Commissioner along with Secretaries of RDPR, Commerce & Industries and Town Planning Departments on 06.05.2024. The Committee noted that the existence of following Acts in the State with respect to layout plan approval, municipal building regulations and industrial building regulations:

1. Karnataka Town and Country Planning Act (KTCP), 1961 2. Karnataka Municipalities Act, 1964 3. Karnataka Industrial Areas Development Act, (KIAD), 1966 4. Karnataka Industrial Areas Development Board Regulations, 1969 5. Karnataka Municipal Corporations Act, 1976 6. Karnataka Panchayat Raj Act, 1993 Considering the provisions of the above Acts, it was clarified that any building plan approval has to conform Comprehensive Development Plan as the case may be for such areas under the Karnataka Town and the Development Plan or - 10 - NC: 2024:KHC:40784 WP No. 8685 of 2015 Act

1961. (KTCP), Planning Country The Commissioner, Town Planning informed Planning Authority is empowered to sanction the layout map under Section 17 of KTCP Act, 1961 and the Government has delegated these powers to KIADB for irrespective of rural or urban industrial areas locations. Principal Secretary to Govt., Commerce & Industries Dept., briefed the Committee as follows:

1. The functions of the Board under section 13 of the KIAD Act stipulates to establish, maintain, develop and within industrial areas.

2. Keeping in mind the said object, the Karnataka Industrial Areas Development Board Regulations, 1969 was framed. Regulation 16 speaks about Building Regulations and Annexure also relates to the same, wherein the allottee has to comply these regulations.

All buildings shall be constructed in accordance with the municipal Bye- laws and regulations in force from time to time, rules and regulations in force relating to the construction and use of the premises and

4. Once the Notification under Section 3 (i) of the KIAD Act, 1966 is issued, the area in question is declared as Industrial Area coming within the ambit of the KIADB and all development activities within the said area is taken by the Board.

5. Right from the inception of the KIAD Act, 1966 and Regulations 1969, it is the Board which has been granting permission and building plans.

6. KIAD Act, 1966 is special enactment and the KTCP Act, 1961 is the general enactment. As per the settled position of law, the special laws prevail over the general laws. The KIAD Act specially enacted industrial area/s. However, the KTCP Act enacted for the purpose of planning and re-planning of the urban and rural for dealing with - 11 - NC: 2024:KHC:40784 WP No. 8685 of 2015 areas in whole State of Karnataka. In view of section 47 of the KIAD Act, prevails over the other general laws and earlier laws on the same subject matter. Karnataka Industrial Areas Development Act, 1966 (KIAD Act) was enacted for the purpose securing of making special provisions establishment of industrial areas in the State and to permit the establishment and orderly development of industries within the Industrial Areas.

7. A combined reading of sections 34, 34-A, 47 of KIAD Act and Regulations 16 of the KIAD Regulations clearly indicate that the allottee is required to obtain permission from the Board before putting up any construction on industrial plot allotted to him.

8. In addition to that, the State Government has also enacted The Karnataka Industries (Facilitation) Act, 2002 in order to facilitate new investments and to simplify the regulatory framework by reducing procedural requirements and to provide for an investor friendly environment in the State. Once the State Level Committee (SHLCC/SLSWCC) approves the project, seeking another approval from the local authority would be contrary to the object of the Facilitation Act and may contradict the Ease of Doing Business Policy. The clearances given by SHLCC & SLSWCC for all projects are binding on all members of the said Committees in terms of section 5 and 8 of the Karnataka Industries (Facilitation) Act 2002. The Secretary of Urban Development Department and RDPR are the members of SHLCC & SLSWCC.

9. In Writ Appeal No. 615 of 1990 dated 05.02.1991 of Hon'ble High Court of Karnataka, it was pointed out that the power of acquisition under Section 28 of the KIAD Act, 1966 cannot be whittled down by the application of the provisions of KTCP Act, 1961. By acquisition what is sought to be done is invocation of power of eminent domain. By that, there is displacement of ownership. So long as the - 12 - NC: 2024:KHC:40784 WP No. 8685 of 2015 acquisition conforms to the KIAD Act, nobody could have any complaint whatsoever, with regard to displacement of ownership. Therefore, we do not consider that anyone of Section 14, 23 or 25 would in any manner control the power of acquisition. As a matter of fact, in our considered opinion there is no conflict between the two Acts.

10. Further, it has been held in Kulkarni H.G. Vs Assistant Commissioner as follows: "Provisions giving overriding effect to the Acts are found in Section 47 of the KIAD Act, 1966 and Section 76M of the KTCP Act, 1961. Held, the provisions of the later Act must be given overriding effect". KIADB is following/complying the bye-laws while formation of industrial layouts as per Karnataka Town & Country Planning Act, 1961 (KTCP). The layout map is placed before the KIAD Board for approval. The Director of Town Planning is the Member of the KIAD Board and if any suggestions are there, he may suggest in the Board. The Additional Chief Secretary, RDPR suggested that all buildings shall be constructed in accordance with municipal bye-laws and the layout plan approval is as per KTCP Act, 1961. She also informed that the Department has adopted model bye-laws during 2015, wherein all buildings in their jurisdictional area have to take approval from the Gram Panchayat.

The Chairman suggested that KIADB should ensure that bye-laws of the local authority are followed. In order to prevent this type of illegal construction, also there is a need to issue enabling Circular/Government Order from RDPR and UDD that KIADB is the authority to issue building plan/ permission to individual units in their industrial areas under the delegated powers to KIADB. As and when the municipal bye-laws are changed, it will automatically apply to industrial areas and KIADB will take approval only from the Town Planning Authority and not - 13 - NC: 2024:KHC:40784 WP No. 8685 of 2015 individual local bodies. If this mechanism is put in place, there will be no conflict/confusion in future. The Additional Chief Secretary, RDPR informed that the allegation against the petitioner in the said Writ Petition is that he has forged the Gram Panchayat Licence and Building Plan and the C.E.O., ZP, Bengaluru Urban District has cancelled the licence during 2015.

Now, the petitioner has filed W.P. in Hon'ble High Court against the Order of the C.E.O., ZP. The Chairman also pointed out that the KIADB and Gram Panchayat officials did not notice the illegal construction and kept quiet till 2013-14 until the matter was taken up by Lokayukta. Hence, Commerce & Industries and RDPR should immediately take action against those illegal construction. responsible allowing Urban Development Department vide Order No. UDD 29 MNU 2016, dated 02.02.2016 ordered that Bruhat Bengaluru Mahanagara Palike (BBMP) shall be the authority in connection with the according permission & building plan sanction except KIADB Industrial Areas & KSSIDC Industrial Estates. This order was issued in terms of Section 2(7)(a) (ii) of Karnataka Town & Country Planning (KTCP) Act, 1961. The State Government has declared KIADB as the planning authority in connection with the industrial area as declared under Section 3(1) of the KIAD Act,1966 and the same is forthcoming the Order dated02.02.2016 by deleting the industrial area under KIADB & KSSIDC. reasons assigned KIADB has been formulating Building Regulations as per KTCP Act 1961.

Further, the Engineers of the Board and Technical Staff are capable of implementing the Building bye-laws and also the Board has taken on deputation, an officer in the rank of Joint Director of the Town Planning Department to look after Building Regulations. - 14 - NC: 2024:KHC:40784 WP No. 8685 of 2015 After detailed discussions, the Committee following considered decisions for approval of the competent authority: to recommend i. KIADB is the authority to issue building plan/permission to individual units within the industrial areas/estates & SUC's under the delegated powers to KIADB, subject to strict adherence to Town Planning Building Regulations and Bye-laws. In this regard, RDPR and UDD to issue the enabling Government Order/Circulars and KIADB to take approval of the building regulations from Town Planning Authority, as single authority to ensure compliance of local bye- laws. ii. On the same lines, KSSIDC should be the building plan approval authority for the industrial estates developed by them.

In keeping with the discussions on instant case vide W.P. No. 8685/2015, the Committee made the following additional suggestions: i. ii. Initiate action against concerned officers of KIADB and Gram Panchayat, who ignored illegal construction in the property questioned in the W.P. No. 8685/2015 till 2013-14; RDPR to file civil suit against the petitioner for forging the building approval documents of Gram Panchayat, as per the report of C.E.O., Z.P. The Competent Authority has approved recommendations of the Committee in the file. Hence the following order: GOVERNMENT ORDER No. CI 652 SPA 2023, BENGALURU, DATED: 01.06.2024. - 15 - NC: 2024:KHC:40784 WP No. 8685 of 2015 In the circumstances explained in the preamble, Government is pleased to accord approval for the following: i. KIADB the authority issue building plan/permission to individual units within the industrial areas/estates & SUC's under the delegated powers to KIADB, subject to strict Building adherence Regulations and Bye-laws.

In this regard, RDPR and UDD to issue the enabling Government Order/Circulars and KIADB to take approval of the building regulations from Town Planning Authority, as single authority to ensure compliance of local bye-laws. Planning Town ii. On the same lines, KSSIDC should be the building industrial for the plan approval authority estates developed by them. By Order and in the name of the Governor of Karnataka, Sd/- Under Secretary (ID), Commerce & Industries Department

The said Government Order would categorically indicate that it is the KIADB which is the authority to sanction the building plans for individual units within industrial areas/estates and single unit complexes subject to strict adherence to town planning, building regulations and bye-laws and in that regard the Rural Development and Panchayat - 16 - NC: 2024:KHC:40784 WP No. 8685 of 2015 Raj Department as also the Urban Development Department were issue enabling Government Orders, Circulars as also for KIADB to take approval of the building regulations from the town planning authority as a single authority to ensure compliance of local bye-laws in respect of industrial areas/estates and single unit complexes.

It is also indicated that in so far as industrial estate and areas established by Karnataka State Small Industries Development Corporation Limited (for short ‘KSSIDC’). It would be KSSIDC who is the concerned authority to grant such plans in a similar manner as indicated for KIADB.

The said Government Order was also not capable of solving the issue in as much as the panchayat’s as also other municipal authorities would continue to exercise powers to sanction building plan etc. In that view of the matter, learned Advocate General sought for a short accommodation to make his submission. - 17 - NC: 2024:KHC:40784 WP No. 8685 of 2015

A memo dated 20.6.2024 was been filed enclosing the letter addressed by the Principal Secretary to the Government, Commerce and Industry department to the Addl. Chief Secretary to the Government, Rural Development and Panchayat Raj department. The said letter reads as under; The Principal Secretary Commerce and Industries to Government Department D.O. Letter No: CI/652/SPA(E)/2023 Dated: 11.06.2024 Dear Madam, Subject: Regarding compliance of the order dated 03.06.2024, passed by the Hon'ble High Court in W.P. No. 8685/2015. ***** In accordance with the order of the Hon'ble High Court dated 22.03.2024, the Chief Secretary, Government of Karnataka was directed to form a committee to clarify the authority responsible for sanctioning building plan in various scenarios within industrial areas, estates, and single unit complexes. No. Subsequently, CI/652/SPA/2023, dated 30.04.2024, a committee was formed under the Chairmanship of the Additional Chief Secretary and Development Commissioner, comprised of Secretary, Urban Development Department; Principal Secretary, Commerce and Industries Department; Additional Chief Secretary, Rural Development and Panchayat Raj Department; Chief Executive Officer and Executive Member of the KIADB. Government Order The committee meeting was convened on 06.05.2024 and, after detailed deliberations, resolved to recommend the issuance of a Government Order. - 18 - NC: 2024:KHC:40784 WP No.

The letter addressed by the Principal Secretary to Government, Commerce and Industries Department the Secretary the Government, Urban Development Department reads as under; The Principal Secretary to Government Commerce and Industries Department - 20 - NC: 2024:KHC:40784 WP No. 8685 of 2015 D.O. Letter No:CI/652/SPA(E)/2023 Dated: 11.06.2024 Dear Smt. Deepa Cholan, Subject: Regarding compliance of the order dated 03.06.2024, passed by the Hon'ble High Court in W.P. No. 8685/ 2015. ***** In accordance with the order of the Hon'ble High Court dated 22.03.2024, the Chief Secretary, Government of Karnataka was directed to form a committee to clarify the authority responsible for sanctioning building plan in various scenarios within industrial areas, estates, and single unit complexes. Subsequently, No. CI/652/SPA/2023, dated 30.04.2024, a committee was formed under the Chairmanship of the Additional Chief Secretary and Development Commissioner, comprised of Secretary, Urban Development Department; Principal Secretary, Commerce and Industries Department; Additional Chief Secretary, Rural Development and Panchayat Raj Department; Chief Executive Officer and Executive Member of the KIADB. Government Order The committee meeting was convened on 06.05.2024 and, after detailed deliberations, resolved to recommend the issuance of a Government Order.

A perusal of the above letters would indicate that the Principal Secretary to Government, Commerce and Industries department has requested the Addl. Chief Secretary to Government, Rural and Panchayat Raj Department as also the Principal Secretary, Urban Development Department issue necessary communications to their concerned sub-ordinate authorities indicating that it is only KIADB which would have the power to issue building plans, development plans, layout plans, commencement certificate, occupancy certificate, etc., and that the panchayaths, municipal authorities, municipalities, municipal corporations and other local bodies would not have any such power in respect of industrial - 23 - NC: 2024:KHC:40784 WP No. 8685 of 2015 areas, industrial estates and single unit complexes approved or formed by the KIADB.

In furtherance thereof, a circular has been issued by the Under Secretary to Government, Rural and Panchayath Raj Department on 16.7.2024 which reads as under; ಕ(cid:2)ಾ(cid:4)ಟಕ ಸ(cid:7)ಾ(cid:4)ರ NO: RDPR/279/GPA/2024 ಕ(cid:2)ಾ(cid:4)ಟಕ ಸ(cid:7)ಾ(cid:4)ರದ ಸ(cid:10)(cid:11)ಾಲಯ ಬಹುಮಹ(cid:18) ಕಟ(cid:19)ಡ (cid:21)(cid:2)ಾಂಕ:16-07-2024. ಸು(cid:10)ೊ(cid:13)ೕ(cid:15)ೆ (cid:16)ಷಯ:(cid:23)ಾ(cid:24)ಮಪಂ(cid:26)ಾಯ(cid:27) (cid:11)ಾ(cid:28)(cid:29)(cid:30)ಯ(cid:31) ಕ(cid:2)ಾ(cid:4)ಟಕ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶ ಅ(ವೃ(cid:21)+ ಮಂಡ,ಯು (KIADB) ಮತು(cid:30) ಕ(cid:2)ಾ(cid:4)ಟಕ .ಾಜ(cid:28) ಸಣ1 (cid:7)ೈ(cid:23)ಾ#(cid:7)ೆಗಳ ಅ(ವೃ(cid:21)+ 4ಗಮವ5 (KSSIDC) ಅ(ವೃ(cid:21)+ಪ(cid:18)6ದ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶಗಳ7 / ಎ9ೆ(cid:19)ೕ: ಗಳ7 ಮತು(cid:30) ಏಕ ಘಟಕಸಂ>ೕಣ(cid:4)ಗಳ(cid:31) ಕಟ(cid:19)ಡ 4?ಾ(cid:4)ಣ(cid:7)ೆ@ ಅನುಮ(cid:27) / ಪರ(cid:11)ಾನB 4ೕಡುವ ಬ(cid:23)ೆC. ಉ(cid:15)ೆ(cid:20)ೕಖ: 1) ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 (cid:1)(cid:2)ట(cid:4)ಸಂHೆ(cid:28):8685/2015 (cid:7)ೆ@ ಸಂಬಂI6ದಂJೆ (cid:21)(cid:2)ಾಂಕ:22-03-2024 ರಂದು 4ೕ(cid:18)ರುವ ಆ$ೇಶ 2) ?ಾನ(cid:28) (cid:2)ಾ(cid:28)Gಾಲಯವ5 #: ಅL(cid:4) ಸಂHೆ(cid:28):8685/2015 ಸಂಬಂI6ದಂJೆ (cid:21)(cid:2)ಾಂಕ:03-06-2024 ರಂದು 4ೕ(cid:18)ರುವ ಆ$ೇಶ. 3) ಸ(cid:7)ಾ(cid:4)ರದ ಪ(cid:24)Mಾನ (cid:7)ಾಯ(cid:4)ದN(cid:4), (cid:11)ಾOಜ(cid:28) ಮತು(cid:30) (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾಇQಾHೆ, ಅ.ೆ ಸ(cid:7)ಾ(cid:4)# ಪತ(cid:24) ಸಂHೆ(cid:28):CI/652/SPA(E)/2023,(cid:21)(cid:2)ಾಂಕ::11-06-2024 ಉQೆ ೕಖ (1) ರ(cid:31) ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 4ೕ(cid:18)ರುವ ಆ$ೇಶದನSಯ ಸ(cid:7)ಾ(cid:4)ರದ ಅಪರ ಮುಖ(cid:28)(cid:7)ಾಯ(cid:4)ದN(cid:4) Tಾಗೂ ಅ(ವೃ(cid:21)+ ಆಯುಕ(cid:30)ರ ಅಧ(cid:28)WJೆಯ(cid:31) ಸX(cid:27) ರ(cid:10)6, (KIADB) ಅ(ವೃ(cid:21)+ಪ(cid:18)6ದ ಕ(cid:2)ಾ(cid:4)ಟಕ(cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶ ಅ(ವೃ(cid:21)+ ಮಂಡ,ಯು - 24 - NC: 2024:KHC:40784 WP No.

A circular was issued on 26.7.2024 by the Under Secretary to Government, Urban Development Department, Municipal Administration-2 and Board which reads as under; ಕ(cid:2)ಾ(cid:4)ಟಕ ಸ(cid:7)ಾ(cid:4)ರ - 26 - NC: 2024:KHC:40784 WP No. 8685 of 2015 No. NaAAE 18 MWP2023(E) (cid:21)(cid:2)ಾಂಕ:26-07-2024. :ಸುJೊ(cid:30)ೕQೆ: lಷಯ:ನಗರ ಸn,ೕಯ ಸಂ9ೆnಯ (cid:11)ಾ(cid:28)(cid:29)(cid:30)ಯ(cid:31) ಕ(cid:2)ಾ(cid:4)ಟಕ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶ ಅ(ವೃ(cid:21)+ಮಂಡ,ಯು (KIADB) ಮತು(cid:30) ಕ(cid:2)ಾ(cid:4)ಟಕ .ಾಜ(cid:28) ಸಣ1 (cid:7)ೈ(cid:23)ಾ#(cid:7)ೆಗಳ ಅ(ವೃ(cid:21)+ 4ಗಮವ5 (KSSIDC)ಅ(ವೃ(cid:21)+ಪ(cid:18)6ದ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶಗಳ7 / ಎ9ೆ(cid:19)ೕ: ಗಳ7 ಮತು(cid:30) ಏಕ ಘಟಕ ಸಂ>ೕಣ(cid:4)ಗಳ(cid:31) ಕಟ(cid:19)ಡ 4?ಾ(cid:4)ಣ(cid:7)ೆ@ ಅನುಮ(cid:27) | ಪರ(cid:11)ಾನB 4ೕಡುವ ಬ(cid:23)ೆC. ಉQೆ ೕಖ :1. ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 #: ಅL(cid:4) ಸಂHೆ(cid:28): 8685/2015 ಸಂಬಂI6ದಂJೆ (cid:21)(cid:2)ಾಂಕ: 22-03-2024 ರಂದು 4ೕ(cid:18)ರುವ ಆ$ೇಶ

2. ?ಾನ(cid:28) (cid:2)ಾ(cid:28)Gಾಲಯವ5 #: ಅL(cid:4) ಸಂHೆ(cid:28): 8685/2015 ಸಂಬಂI6ದಂJೆ (cid:21)(cid:2)ಾಂಕ: 03-06-2024 ರಂದು 4ೕ(cid:18)ರುವ ಆ$ೇಶ.

3. ಕ(cid:2)ಾ(cid:4)ಟಕ ನಗರ ಮತು(cid:30) (cid:23)ಾ(cid:24)ಂ?ಾಂತರ ‘ೕಜ(cid:2)ೆ (cid:7)ಾc\ 1961ರ ಕಲಂ 17 ರನ_ಯ ಸn,ೕಯ‘ೕಜ(cid:2)ಾ ಪ(cid:24)$ೇಶ$ಾ (cid:11)ಾ(cid:28)(cid:29)(cid:30)(cid:23)ೆ ಒಳಪಡುವ KIADB]ಂದ ಅ(ವೃ(cid:21)+ Tೊಂ(cid:21)ದ ಜXೕನುಗ,(cid:23)ೆ(cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶಗಳ7 / ಎ9ೆ(cid:19)ೕ: ಗಳ(cid:31) ಮತು(cid:30) ಏಕ ಸಂ>ೕಣ(cid:4) ಘಟಕ ಸಂಬಂIತ ಕಟ(cid:19)ಡದನpೆ l(cid:2)ಾ(cid:28)ಸ ಅನುiೕದ(cid:2)ೆ(cid:23)ೆ ಸಂಬಂIತ ಸZೆಯನು_ ಅಪರ ಮುಖ(cid:28) (cid:7)ಾಯ(cid:4)ದN(cid:4)ಗಳ7 Tಾಗೂಅ(ವೃ(cid:21)+ ಆಯುಕ(cid:30)ರು ರವರ ಅಧ(cid:28)WJೆಯ(cid:31) (cid:21)(cid:2)ಾಂಕ: 06.05.2024 ರಂದು ನ[ೆದ ಸZೆಯನಡವ,ಗಳ7.

4. ಸ(cid:7)ಾ(cid:4)ರದ 01.06.2024. ಆ$ೇಶ ಸಂHೆ(cid:28):Cl/652/SPA/2023, (cid:21)(cid:2)ಾಂಕ:

5. ಸ(cid:7)ಾ(cid:4)ರದ ಪ(cid:24)Mಾನ (cid:7)ಾಯ(cid:4)ದN(cid:4), (cid:11)ಾOಜ(cid:28) ಮತು(cid:30) (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಇQಾHೆ ರವರ ಅ.ೆ ಸ(cid:7)ಾ(cid:4)# ಪತ(cid:24) ಸಂHೆ(cid:28): C1 652 SPA 2023, (cid:21)(cid:2)ಾಂಕ: 11-06- 2024. ***** ಉQೆ ೕಖ (1) ರ(cid:31) ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 4ೕ(cid:18)ರುವ ಆ$ೇಶದನSಯ ಸ(cid:7)ಾ(cid:4)ರದ ಅಪರ ಮುಖ(cid:28) (cid:7)ಾಯ(cid:4)ದN(cid:4) Tಾಗೂ ಅ(ವೃ(cid:21)+ ಆಯುಕ(cid:30)ರ ಅಧ(cid:28)WJೆಯ(cid:31) ಸX(cid:27)ರ(cid:10)6, ಕ(cid:2)ಾ(cid:4)ಟಕ (KIADB) ಅ(ವೃ(cid:21)+ಪ(cid:18)6ದ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶಗಳ7 / ಎ9ೆ(cid:19)ೕ: ಗಳ7 ಮತು(cid:30) ಏಕ ಘಟಕಸಂ>ೕಣ(cid:4)ಗಳ(cid:31) ಕಟ(cid:19)ಡ 4?ಾ(cid:4)ಣ(cid:7)ೆ@ ಅನುಮ(cid:27) / ಪರ(cid:11)ಾನB 4ೕಡುವ Yಾ(cid:24)I(cid:7)ಾರದ ಬ(cid:23)ೆC.(cid:21)(cid:2)ಾಂಕ:06-05- 2024 ರಂದು ಸZೆ ನ[ೆ6, (cid:27)ೕ?ಾ(cid:4)46ದು\, (cid:11)ಾOಜ(cid:28) ಮತು(cid:30)(cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಇQಾHೆ]ಂದ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶ ಅ(ವೃ(cid:21)+ ಮಂಡ,ಯು - 27 - NC: 2024:KHC:40784 WP No.

8685 of 2015 ಸ(cid:7)ಾ(cid:4)ರದ ಆ$ೇಶ ಸಂHೆ(cid:28): (cid:21)(cid:2)ಾಂಕ: Cl/652/SPA/2023, (cid:21)(cid:2)ಾಂಕ:01-06-2024 ರಂದು ಆ$ೇಶ Tೊರ(cid:18)ಸQಾB$ೆ. ಮುಂದುವ.ೆದು, ಉQೆ ೕಖ (2) ರ(cid:31) ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 4ೕ(cid:18)ರುವ ಆ$ೇಶ ಈ (cid:7)ೆಳಕಂಡಂ(cid:27)$ೆ. On 03-06-2024, the Advocate General presented these details to the Hon'ble High Court, which acknowledged the submissions and supporting records. The Hon'ble High Court upheld that: individual units within "The KIADB is the competent authority to issue building plan/permissions industrial areas/estates and SUC's under its delegated powers. " Further" insofar as any industrial area or industrial estate or a single unit complex approved by the KIADB, it is the KIADB who will be the sanctioning authority in respect of development plan, layout plan, building plan, Commencement certificate, occupancy certificate, etc. relating to that particular building or buildings.

It would also be for the KIADB to take action against any violation of the concerned building bylaws and/or permissions issued by KIADB in respect of such building or buildings. " Furthermore, the Court directed the State to inform all Panchayats, Municipal Authorities, Municipalities, Municipal Corporations, and other local bodies that they do not have the power to sanction development plans, layout plans, building plans, commencement certificates, occupancy certificates, etc., in areas designated as industrial areas, estates, of SUCs approved by the KIADB. Additionally, KSSIDC shall be the building plan approval authority for the industrial estates developed by KSSIDC.

1. ?ಾನ(cid:28) ಉಚF (cid:2)ಾ(cid:28)Gಾಲಯವ5 #: ಅL(cid:4) ಸಂHೆ(cid:28):8685/2015 (cid:7)ೆ@ ಸಂಬಂI6ದಂJೆ (cid:21)(cid:2)ಾಂಕ:03.06.2024 ರಂದು 4ೕ(cid:18)ರುವ ಸೂಚ(cid:2)ೆಯನSಯ ಉQೆ ೕqತ (3)ರಂJೆ ಸಂಬಂIತ ಸZೆಯನು_ ಅಪರ ಮುಖ(cid:28) (cid:7)ಾಯ(cid:4)ದN(cid:4)ಗಳ7 Tಾಗೂ ಅ(ವೃ(cid:21)+ ಆಯುಕ(cid:30)ರು ರವರ ಅಧ(cid:28)WJೆಯ(cid:31) (cid:21)(cid:2)ಾಂಕ: 06.05.2024 ರಂದು ಸದ# ಸZೆಯ ನಡವ,ಗಳ(cid:31) ಈ (cid:7)ೆಳBನಂJೆ 4ಣ(cid:4)ಯಗಳನು_ (cid:7)ೈ(cid:23)ೊಳrQಾ]ತು. "The KIADB the authority issue building plan/permissions industrial areas/estates and SUC's(Single Unit Complexes) under its delegated powers to KIADB, subject to strict adherence to town planning Building regulation and Bye laws. In this regard, RDPR individual units within - 28 - NC: 2024:KHC:40784 WP No. 8685 of 2015 and UDD to issue the enabling Government order/Circular and KIADB to take approval" dೕ(cid:31)ನ ಸZೆಯ ಅಂಶಗಳ(cid:31) ನ lಷಯವನು_ ಸಂಬಂಧಪಟ(cid:19) ಅIೕನ ಅI(cid:7)ಾ#ಗ,(cid:23)ೆ (cid:27),ಸgೇ(cid:7)ೆಂದು ಉQೆ ೕಖ (4) ರ ಅ.ೆ ಸ(cid:7)ಾ(cid:4)# ಪತ(cid:24)ದ(cid:31) (cid:27),ಸQಾB$ೆ. ಕ(cid:2)ಾ(cid:4)ಟಕ ಕ(cid:24)ಮ(cid:11)ಾB (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಅದರಂJೆcೕ, dೕ(cid:31)ನ ಅಂಶಗಳನು_ ಗಮನದ(cid:31) ಟು(cid:19)(cid:7)ೊಂಡು ಕ(cid:2)ಾ(cid:4)ಟಕ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇhಾ(ವೃ(cid:21)+ಮಂಡ,ಯು (KIADB) ಮತು(cid:30) ಕ(cid:2)ಾ(cid:4)ಟಕ .ಾಜ(cid:28) ಸಣ1 (cid:7)ೈ(cid:23)ಾ#(cid:7)ೆಗಳ ಅ(ವೃ(cid:21)+ 4ಗಮವ5 (KSSIDC) ಅ(ವೃ(cid:21)+ಪ(cid:18)6ದ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾ ಪ(cid:24)$ೇಶಗ,(cid:23)ೆ ಸಂಬಂI6ದಂJೆ, ಏಕಘಟಕಸಂ>ೕಣ(cid:4)ಗಳ ಅನುಮ(cid:27), ಅ(ವೃ(cid:21)+ ‘ೕಜ(cid:2)ೆ, Qೇಔ: ‘ೕಜ(cid:2)ೆ ಅನುiೕದ(cid:2)ೆ ಪ(cid:24)$ೇhಾ(ವೃ(cid:21)+ 4ೕಡುವYಾ(cid:24)I(cid:7)ಾರಗಳ7 ಮಂಡ,(KIADB) ಮತು(cid:30) ಕ(cid:2)ಾ(cid:4)ಟಕ .ಾಜ(cid:28) ಸಣ1 (cid:7)ೈ(cid:23)ಾ#(cid:7)ೆಗಳ ಅ(ವೃ(cid:21)+ 4ಗಮವ5 (KSSIDC) ಆBರುತ(cid:30)(cid:11)ೆ. ಸದ# ಅI(cid:7)ಾರವನು_ ನಗರ ಮತು(cid:30) (cid:23)ಾ(cid:24)?ಾಂತರ ‘ೕಜ(cid:2)ಾ (cid:7)ಾc\ಯ 1961 ರ(cid:31) ನ 4ಯಮ / l4ಯಮಗಳನು_ (Regulations) ಕಟು(cid:19)4sಾ(cid:19)B ಪ#Yಾ(cid:31)ಸುವಷರ(cid:27)(cid:30)(cid:23)ೊಳಪt(cid:19)ರುತ(cid:30)$ೆ. Tೊಂ(cid:21)ದ ಅಲ $ೇ (cid:7)ೈ(cid:23)ಾ#(cid:7)ಾಪ(cid:24)$ೇಶಗಳ(cid:31) ಎ9ೆ(cid:19)ೕ: ಗಳ7 ಮತು(cid:30) ಏಕಘಟಕ ಸಂ>ೕಣ(cid:4)ಗಳ ಕಟ(cid:19)ಡ 4?ಾ(cid:4)ಣ /ಪರ(cid:11)ಾನB, ಇJಾ(cid:28)(cid:21)ಗಳನು_ 4ೕಡಲು .ಾಜ(cid:28)ದ ಎQಾ ನಗ.ಾ(ವೃ(cid:21)+ ಅನುಮ(cid:27) / ‘ೕಜ(cid:2)ಾ Yಾ(cid:24)I(cid:7)ಾರ ಅI(cid:7)ಾ#ಗ,(cid:23)ೆ, ಮTಾನಗರ Yಾ(cid:24)I(cid:7)ಾರಗಳಆಯುಕ(cid:30)ರುಗ,(cid:23)ೆ Yಾ(cid:31)(cid:7)ೆಆಯುಕ(cid:30)ರುಗ,(cid:23)ೆ / ನಗರ ಸn,ೕಯ ಸಂ9ೆnಗಳ (uuಎಂ(cid:29) Tೊರತುಪ(cid:18)6) Yೌ.ಾಯುಕ(cid:30)ರು /ಮುHಾ(cid:28)I(cid:7)ಾ#ಗಳ7 ((cid:23)ೆ(cid:24)ೕw -1 & 2) ಇವರುಗ,(cid:23)ೆ ಸೂ(cid:10)6$ೆ. ಅ(ವೃ(cid:21)+ ಅಂತಹ Sd/- ಸ(cid:7)ಾ(cid:4)ರದ ಅIೕನ (cid:7)ಾಯ(cid:4)ದN(cid:4) ನಗ.ಾ(ವೃ(cid:21)+ ಇQಾHೆ (Yೌ.ಾಡ,ತ-2 & ಮಂಡ,)

Another circular was issued by the Under Secretary to Government, Urban Development Department, Municipal Administration-2 and Board on 29.7.2024 which reads as under; - 29 - NC: 2024:KHC:40784 WP No. 8685 of 2015 GOVERNMENT OF KARNATAKA No: NAE/18/MWP/2024(E) Date: 29/07/2024 :CIRCULAR: Subject: Grant of Issuance of Building Plan/Permission Approval, in Industrial Areas Estates and Single Unit Complexes developed by Karnataka Industrial Area Development Board (KIADB) and Karnataka State Small Industries Development Corporation (KSSIDC) Reference:

1. Order dated: 22/03/2024 passed by the Hon'ble High Court in relation to Writ Petition No: 8685/2015.

2. Order dated: 03/06/2024 passed by the Hon'ble Court in relation to Writ Petition No: 8685/2015.

3. Meeting presided over by Deputy Chief Secretary and Development Commissioner for approval of Building Plan / Permission Approval, in Industrial areas / estates and Single Unit Complexes Area Karnataka developed Development Board (KIADB) and, Karnataka State Small Corporation. (KSSIDC) under the local planning area under Section 17 of Karnataka Town and Country Planning Act 1961, dated 06/05/2024 Proceedings of the meeting held. Industries Development Industrial

4. Government Order No: CI 652 SPA 2023, Dated: 01/06/2024.

5. Principal Secretary to Government, Department of Commerce and Industry Government Letter No: CI 652 SPA 2023, Dated: 11/06/2024.

6. Government Circular No. NAE 18 MWP 2023, dated 26.07.2024 NC: 2024:KHC:40784 WP No. 8685 of 2015 - 30 - **** Pursuant to the order passed by the Hon’ble High Court in reference (1) a committee headed by the Deputy Chief Secretary to the Government and the Development Commissioner has been constituted. The Karnataka Industrial Area Development Board has been tasked with formulating policy regarding which authority has to approve building plans in industrial areas / estates developed Areas Development Board (KIADB) / Karnataka Small Industries Development Corporation (KSSIDC). A meeting was held on 06/05/2024 and decisions were made vide Government Order No. CI 652 SPA 2023, dated 01/06/2024. Karnataka Industrial Further, the order passed by the Hon'ble High Court in reference (2) is as follows: On 03/06/2024, the Advocate General presented these details to the Hon'ble High Court, which acknowledged the submissions and supporting records. The Hon'ble High Court upheld that: "The KIADB is the competent authority to issue building plan/permissions to individual units within industrial areas/estates and SUC's under its delegated powers. Further, insofar as any industrial area or industrial estate or a single unit complex approved by the KIADB, it is the KIADB who will be the sanctioning authority in respect of development plan, layout plan, building plan. Commencement certificate, occupancy certificate, etc. relating to that particular. building or buildings. It would also be for the KIADB to take action against any violation of the concerned building bylaws and/or permissions issued by KIADB in respect of such building or buildings. " Furthermore, the Court directed the State to inform all Panchayats, Municipal Authorities, Municipalities, Municipal Corporations, and other local bodies that they do not have the power to sanction development plans, layout plans, building plans, commencement certificates, occupancy certificates, etc., in areas designated as industrial areas, estates, or SUCs approved by the KIADB. - 31 - NC: 2024:KHC:40784 WP No. 8685 of 2015 Additionally, KSSIDC shall be the building plan approval authority for the industrial estates developed by KSSIDC.

1. Pursuant to the instructions issued by the Hon'ble High Court in respect of Writ Petition No. 8685/2015, dated 03/06/2024, and as per reference (3), a meeting was held under the chairmanship of the Chief Secretary and Development Commissioner on 06/05/2024. In the proceedings of the said meeting, the following resolutions were taken: the authority "The KIADB issue building plan/permissions to individual units within industrial areas/estates and SUC's (Single Unit Complexes) under its delegated powers to KIADB, subject to strict adherence to town planning building regulations and bylaws. In this regard, RDPR and UDD to issue the enabling Government order/Circular and KIADB to take approval. " The matter of the above meeting proceedings is conveyed to the concerned subordinate authorities as in reference (5) via this letter. keeping in mind Accordingly, proceedings, the Development Plan, Layout Development Plan, Layout of the Industrial Area / Estates developed by the Karnataka State Small Industries Development Corporation (KSSIDC) and the Karnataka Industrial Area Development Board (KIADB), the Planning, Permission of Single Unit Complexes, and the authorities issuing Permission/License) Building Certificate Commencement Approval, Industrial Area are Karnataka Development Board (KIADB) and Karnataka State Small Industries (KSSIDC) respectively. The said authorization is subject to strict adherence with the regulations contained in the Town and Country Planning Act, 1961. Development Construction Corporation Certificate, Possession etc., Further, the Government hereby withdraws Government Circular No: NAE 18 MWP 2023 issued earlier dated: 26/07/2024 with immediate effect. Sd/- - 32 - NC: 2024:KHC:40784 WP No. 8685 of 2015 Under Secretary to the Government Urban Development Department Municipal Administration-2 and Board

Thus, in view of the Government Order dated

1.6.2024 the Principal Secretary to Government, Commerce and Industries Department has issued communications to the Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department as also to the Secretary to Government, Urban Development Department dated 11.6.2024 as also circular has been issued by the Under Secretary to Government, Urban Development Department, Municipal Administration-2 and Board on 26.7.2024 and 29.7.2024. It is now clear that it is only the KIADB who can sanction development plans, layout plans, building plans, commencement certification, occupancy certificate etc., in areas designated as industrial areas/estates/single complexes approved by the KIADB and in so far KSSIDC concerned, it would be KSSIDC. - 33 - NC: 2024:KHC:40784 WP No. 8685 of 2015

In view of the Government Order dated 1.6.2024 the Principal Secretary to Government, Commerce and Industries Department has issued communications to the Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department as also to the Secretary to Government, Urban Development Department dated 11.6.2024 as also circular has been issued by the Under Secretary to Government, Urban Development Department, Municipal Administration-2 and Board on 26.7.2024 and

29.7.2024. If any action is taken by any of the municipal authorities, local bodies, panchayat’s, etc., and/or their officers in granting plan sanction, development plans, occupancy certificate, commencement certificate, etc., in relation property situated in an industrial area, industrial estate or a single unit complex approved by the KIADB, then appropriate disciplinary actions apart from criminal proceedings would have to be taken against such errant officers. - 34 - NC: 2024:KHC:40784 WP No. 8685 of 2015

In the above background, the plan sanction which has been allegedly obtained by the petitioner herein from the Grama Panchayat is not sustainable since the Grama Panchayat never had the power to sanction industrial areas/estates/single-unit complexes.

Though the above may be the case, taking into consideration that construction was put up long ago allegedly on the basis of the plan sanctioned by panchayat, this Court would have to see that equities are balanced.

This is more so for the reason that even though the Grama Panchayat had no authority to sanction the plan, it has sanctioned such a plan on an application made by the petitioner to the grama panchayat. It was for the grama panchayat to have refused the sanction of plans categorically indicating that it was not the appropriate authority. Instead of doing so, they have issued the plan sanction. - 35 - NC: 2024:KHC:40784 WP No. 8685 of 2015

It is thus the Grama panchayat and its officers who are also responsible for the present situation. It would, therefore, be required the Principal Secretary, Rural Development and Panchayath Raj Department to initiate necessary enquiry in that regard.

I am of the considered opinion that the equities can be balanced with the requirement of compliance with law by directing the petitioner to make a fresh application to the KIADB for sanction of plan in terms of the applicable building bye-laws to the concerned area within a period of one month from the date of receipt of certified copy of this order.

The said application for plan sanction shall be considered by KIADB in terms of the applicable building bye-laws within a period of one month thereof, on such sanction, within two weeks thereafter, the jurisdictional engineer of the KIADB shall after issuing a prior notice visit the property of the petitioner to ascertain if the construction is in - 36 - NC: 2024:KHC:40784 WP No. 8685 of 2015 terms of the plan sanctioned/building bye-laws. If the same is, then issue the necessary occupancy certificate. If the same is not, then issue necessary notices indicating the deviations and/or the violation of the plan sanction/building byelaws accompanied by a sketch of such violation/deviation calling upon the petitioner to remove such deviation and/or violations which shall be so removed by the petitioner within a period of 60 days thereafter, and the construction brought in compliance with the plan sanction.

Needless to say, the inspection shall be carried out in the presence of the representative of the petitioner. If necessary, the petitioner can also keep his engineer/architect present at the site so that there is no dispute which can be raised on the measurement and/or inspection.

The Court places on record its appreciation for the learned Advocate General and Ms.Saritha Kulkarni., - 37 - NC: 2024:KHC:40784 WP No. 8685 of 2015 learned HCGP for having coordinated with all concern to resolve this issue.