M/S Vishnu Priya v. the State of Karnataka
Case brief
What is this about?
The High Court disposed of a writ petition challenging a demolition notice served under the KTCP Act against an industrial shed. The Court clarified that the Planning Authority is the competent body for construction approvals in areas with constituted Planning Authorities and deferred the notice's operation to facilitate plan approval applications.
What did the court decide?
Notice dated 12.01.2016 quashed; direction to fourth respondent to consider application for Building Plan and land utilization within two months of receipt of drawings filed within four weeks.
What the court decided
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NC: 2024:KHC:46709 WP No. 5273 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5273 OF 2016 (LB-UC)
BETWEEN:
- M/S VISHNU PRIYA INDUSTRIES PVT LTD A REGISTERED PRIVATE LIMITED COMPANY, HULUGONDANAHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR SMT VIJAYA VARADARAJU, W/O V VARADARAJU, AGED ABOUT 48 YEARS.
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
- SMT VIJAYA VARADARAJU W/O V VARADARAJU AGED ABOUT 48 YEARS,
- SRI SUJAY V RAJU S/O V VARADARAJU , AGED ABOUT 21 YEARS,
- 2 & 3 ARE R/O HULUGONDANAHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
Issues for consideration
3 issues framed by the court
Whether an occupying authority under the KTCP Act has initiated proceedings for demolition by serving a notice under Sections 15 and 17 on private industrial shed owners.
Who is the competent authority to grant Building Development Plan and land utilization approvals.
Whether the Planning Authority or the Village Panchayat is the body to consider Building Licence applications under the KTCP Act.
Parties & counsel
- petitioner
M/S VISHNU PRIYA INDUSTRIES PVT LTD AND ORS.
- respondent
THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF TOWN & COUNTRY PLANNING
- respondent
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT
- respondent
THE JOINT DIRECTOR TOWN & COUNTRY PLANNING
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- WP/5273/2016
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