Karnataka High Court
Qualcomm India Pvt Ltd vs Bruhat Bangalore Mahanagara Palike on 16 February, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
W.P.NO.45825/2015 (LB-BMP)
BETWEEN:
QUALCOMM INDIA PVT LTD
HAVING REGISTERED OFFICE AT:
UNIT NO. 201, 2ND FLOOR
TOLSTOY HOUSE 15
TOLSTOY MARG, NEW DELHI - 110 001
REP.BY ARPITA SEN
... PETITIONER
(BY SMT.TAMARRA SEQUEIRA FOR
KHAITAN AND COMPANY, ADVOCATE)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
ASST. ENGINEER/AEE
BBMP, HOODI SUB DIVISION
BANGALORE - 560 048.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
14/3, 2ND FLOOR, R P BUILDING NRUPATUNGA BOARD
BANGALORE - 560 001
REPRESENTED BY ITS EXECUTIVE OFFICER
... RESPONDENTS
(BY SMT.M.C.NAGASHREE, ADVOCATE FOR R1
SRI.B.B.PATIL, ADVOCATE FOR R2 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
INTIMATION LETTER DTD:3.10.2015 ISSUED BY R-1 VIDE
ANNEXURE-A AS ILLEGAL, ARBITRARY AND UNSUSTAINABLE.
DIRECT THE NOTICE TO STOP CONSTRUCTION DTD:13.10.2015
ISSUED BY R-1 VIDE ANNEXURE-B AS ILLEGAL, ARBITRARY AND
UNSUSTAINABLE AND ETC.
2
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING- B GROUP THROUGH VIDEO CONFERENCING/PHYSICAL
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was allotted with the schedule property by the respondent-Karnataka Industrial Areas Development Board (hereinafter referred to as 'KIADB' for short) and in pursuance of the same, KIADB executed the lease-cum-sale agreement dated 10.07.2013 in favour of the petitioner subject to certain terms and conditions.
2. The petitioner, after taking possession of the property in question, submitted an application with the KIADB so as to approve the building plan in terms of the conditions contained in the lease-cum-sale agreement. The KIADB sanctioned the building plan by communication dated 5.10.2013 at Annexure-K subject to certain terms and conditions and one of the condition imposed was that building shall be constructed in accordance with the bye-laws of the local Authority. The petitioner, after obtaining permission from the KIADB, constructed the industrial building on the property in question.
3
3. When such being the case, the respondent-Bruhat Bangalore Mahanagara Palike (hereinafter referred as 'BBMP' for short) issued a communication dated 03.10.2015 stating that the Industrial building has been constructed without obtaining license from the BBMP and called upon the petitioner to furnish documents detailed in the said communication. In turn the petitioner submitted the reply enclosing the documents which were required to be produced.
4. The respondent-BBMP thereafter, issued notice dated 13.10.2015 calling upon the petitioner to stop further construction stating that the petitioner has carried out deep excavation without taking any safety measures. The petitioner submitted reply to the said communication at Annexure-N, stating that due to seepage of rain water the boundary wall constructed by the petitioner collapsed and said incident occurred due to unforeseen reason. The respondent- BBMP, thereafter, issued a notice under Section 308 of the Karnataka Municipal Corporation Act, 1976 calling upon the petitioner to produce the sanctioned plan, commencement certificate, conversion order, khatha register and layout plan. 4 Taking exception to the impugned notices issued by the respondent-BBMP, this writ petition is filed.
5. Learned counsel for the petitioner would submit that the layout was formed by the KIADB under the provisions of Karnataka Industrial Areas Development Act and it is a self contained Act and as such, the petitioner was not required to obtain building license from the respondent-BBMP before putting up any construction by the petitioner. She further submits that the impugned notices issued by the respondent- BBMP are without authority of law.
6. On the other hand, learned counsel for respondent-BBMP would submit that the schedule property is situated within the limits of BBMP and as such, the petitioner was required to obtain license under the provisions of Bengaluru Mahanagara Palike Building Bye-laws 2003 before putting up any constructions on the schedule property. In the absence of any license granted by the respondent-BBMP, the construction put up by the petitioner is illegal.
7. Learned counsel appearing for KIADB submits that the petitioner is required to obtain building license from the 5 Board before putting up any construction. He further submits that the construction put up by the petitioner is in pursuance of a building license granted by KIADB.
8. Heard the arguments made by the learned counsel for the petitioner. The point that arises for consideration in this writ petition is as follows:
"Whether the petitioner was required to obtain building prior permission from the respondent-BBMP before putting up any construction on the industrial plot formed by the KIADB? "
9. The Karnataka Industrial Areas Development Act, 1966 is a self contained Act and the Board has formed an industrial layout in terms of the provisions contained under the said Act. There is no requirement for the Board to obtain prior permission from any authority before forming the layout.
10. Section 34 of the KIAD Act specifies that any person who undertakes construction of any building in an industrial area contrary to the terms under which he holds such building shall, on conviction, be punished with fine. 6
11. Section 34-A of the KIAD Act specifies that if any person constructs or commences construction in contravention of the Act or Rules or any Regulation or condition subject to which permission has been given for such construction, the Executive Member after giving notice to the offender passed an order directing such demolition of the building constructed in violation of the Act, Rules, Regulation or condition subject to which permission has been granted for construction.
12. Regulation 16 of the KIADB Regulations, 1969 specifies that the building regulations which the allottee have to comply with is appended to the Regulation in Annexure-I.
13. A combined reading of Sections 34, 34-A of KIAD Act and Regulations 16 of the KIADB Regulations clearly indicate that the petitioner was required to obtain permission from the Board before putting up any construction on the industrial plot allotted to him. However, the construction to be put up should be in accordance with the Building Byelaws of the Corporation.
7
14. The lease-cum-sale agreement executed in favour of the petitioner specifies that the petitioner is required to construct the building in accordance with the Building Bye- laws of the local authority , but however, the construction is to be put-up only after obtaining prior approval from the Board.
15. The respondent-BBMP has not placed any provision which requires the petitioner to obtain building license from the respondent-BBMP before putting up any construction on an industrial plot formed by the Board under the provisions of KIAD Act which is a self contained Code. The petitioner having put up construction after obtaining prior approval from the KIADB, the respondent-BBMP without authority of law, has issued the impugned notices and the same are not sustainable in law.
16. Even otherwise, in the impugned notices issued by the respondent-BBMP, the BBMP has not set out the deviations made by the petitioner contrary to the Building Bye-laws 2003.
8
17. In view of the foregoing discussions, I am of the considered opinion that the impugned notices issued by the respondent are one without authority of law. Hence, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned communication dated 03.10.2015, the notice to stop construction dated 13.10.2015 and notice dated 13.10.2015 at Annexure-A, B and C respectively, are hereby quashed.
iii) Liberty is reserved with the respondent-KIADB to take appropriate steps in accordance with law, if construction put up by the petitioner is contrary to the sanctioned building plan.
Sd/-
JUDGE SKS