logo
#

Latest news with #KarnatakaMunicipalitiesAct

Proposal to make OC mandatory for buildings on plots beyond 1200 sq. ft
Proposal to make OC mandatory for buildings on plots beyond 1200 sq. ft

The Hindu

time3 days ago

  • Business
  • The Hindu

Proposal to make OC mandatory for buildings on plots beyond 1200 sq. ft

In what comes as a relief from the logjam created by the implementation of the December 2024 Supreme Court order, which mandated an occupancy certificate (OC) for getting utility connections, concerned departments have now decided to propose to the Cabinet to bring in amendments to multiple laws of the State and notify rules to mandate OC for only buildings built on plots above 1200 sq. ft (30X40 ft) across the State. This essentially means all buildings built on sites larger than 30X40 feet will have to take an OC, henceforth, which was not the case earlier in Bengaluru. Following the implementation of the Supreme Court, over 1 lakh applications seeking new power connections have been pending in the Bescom area alone, for want of an OC. Deputy Chief Minister and Bengaluru Development Minister D.K. Shivakumar and Energy Minister K.J. George had said that the State government would soon introduce amendments to resolve the impasse. 'The problem was that, in none of our governing acts are there clear exemptions to any buildings from OC. However, in practice, since the utility service providers were also not insisting on it, our urban local bodies were not issuing OCs to all buildings, but insisted on it only for bigger buildings. Legally, it has been a grey area. It is impractical to insist on OCs in all buildings, so there needs to be amendments to our laws to clarify which buildings are exempted,' said a senior official. The Urban Development Department (UDD) and Panchayat Raj Department met with other stakeholders on July 11, minutes of which are available with The Hindu. In the meeting, Bruhat Bengaluru Mahanagara Palike (BBMP) suggested that buildings built on plots up to 1200 sqft (ground + 2 floors or stilt +3 floors) can be exempted from obtaining OCs. The Panchayat Raj Department also concurred with the same exemption. Neither the Karnataka Municipal Corporations Act, 1976, nor the Karnataka Municipalities Act, 1964, has any provision for exemption for any buildings from availing an OC. The meeting has decided to propose amendments to these laws to bring this change. Meanwhile, Section 241(7) of the Greater Bengaluru Governance Act, 2024 says: 'Government may notify the category of building which shall be exempted from obtaining occupancy certificate'. The meeting decided to notify of the exemption for buildings built on plots up to 1200 sq. ft. The Rural Development and Panchayat Raj Department will also adopt the same exemption in its Model Building Byelaws.

Gram panchayats lack authority to levy property tax on Karnataka Industrial Areas Development Board industrial estates: High court
Gram panchayats lack authority to levy property tax on Karnataka Industrial Areas Development Board industrial estates: High court

Time of India

time08-07-2025

  • Business
  • Time of India

Gram panchayats lack authority to levy property tax on Karnataka Industrial Areas Development Board industrial estates: High court

Bengaluru: Karnataka high court has ruled that gram panchayats have no authority or jurisdiction to demand property tax from industrial establishments set up in industrial areas or estates of Karnataka Industrial Areas Development Board (KIADB). In his order, Justice Sachin Shankar Magadum said that only in instances where the industrial areas or estates have been withdrawn from KIADB's jurisdiction do gram panchayats gain jurisdiction. Industries set up in Tumakuru city, Sompura, Thyamagondlu, and Dabaspet KIADB industrial areas (all Bengaluru) challenged the demand notices for payment of property tax issued by their respective gram panchayats. The petitioners asserted that Section 37 of Karnataka Industrial Areas Development Act stipulates that the provisions of Karnataka Municipalities Act or Panchayat Raj Act can apply to an industrial area only upon its withdrawal from the purview of KIADB by way of an express notification issued by the state govt. According to them, in their cases, no such notification was issued. The KIADB also supported the petitioners. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru On the other hand, gram panchayats submitted that they are the local body providing basic civic amenities and infrastructure to industrial plots. Therefore, they are authorised under Schedule-IV to Panchayat Raj Act to levy property tax on industrial establishments. Justice Magadum said none of the documents placed on record confer any statutory authority on the panchayat to collect taxes in respect of industrial establishments located within areas notified and developed by the KIADB under the provisions of the KIAD Act. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Xu hướng tủ lạnh 2025: Chọn lựa thông minh với giá cả hợp lý LocalPlan Tìm Ngay Undo Mere execution of a lease-cum-sale agreement or any administrative communication cannot vest such power in the gram panchayat in the absence of express delegation or statutory backing. "Consequently, the power to regulate and approve development activities, including the right to levy and collect tax within such industrial estates, vests exclusively with KIADB. The gram panchayat cannot usurp such authority in the absence of a specific statutory conferment," the court said, allowing the petitions.

Encroachment of Channapatna lakes gets Upa Lokayukta's goat
Encroachment of Channapatna lakes gets Upa Lokayukta's goat

New Indian Express

time28-05-2025

  • Politics
  • New Indian Express

Encroachment of Channapatna lakes gets Upa Lokayukta's goat

Justice Phaneendra, who also visited a few lakes of the taluk to take stock, stated that it is the right of every person to live in a healthy and clean environment, and it is also the right of every person to have access to potable drinking water. The Supreme Court time and again has held that such rights are fundamental and citizens cannot be deprived of the same, he added. He also observed that the lakes play a vital role in providing sources of water for various purposes, like drinking, farming and other chores. If what is stated in the news item is true, then the same would violate the right under the Constitution of India. The news indicates that various lakes in and around Channapatna town are polluted. As per Section 87 of the Karnataka Municipalities Act, 1964, obligatory functions are cast on the municipal councils to look after the water bodies, sewage, drainage work, supply of water etc. Such being the case, it is obligatory that the City Municipal Council maintain, and make sure that the lakes are not polluted to ensure that the citizens get a clean and healthy environment, he noted. Justice Phaneendra has also stated that the Karnataka Lokayukta Act casts an obligation on Lokayukta or Upa Lokayukta under Section 12(1) for redressal of the grievance of the public and Section 2(1) casts an obligation to prevent the maladministration by the public authorities. In light of this, 'I am of the firm opinion that the news item published in TNIE can be treated as source material for me to exercise my suo motu power under Sections 7(2) and 9(3)(a) of the Act. Accordingly, I exercise my power and initiate suo motu proceedings', he said.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store