Karnataka Industrial area development act

Get Detailed verification of your property papers by Senior Property Lawyers.

What is Karnataka Industrial area development act?

1978.- The Karnataka Industrial Areas Development Act, 1966 (Karnataka Act No. 18 of 1966), was enacted for the establishment of industrial areas in the State and generally to promote the establishment and orderly development of industries therein. According to section 34 penal action could be taken against any person who constructs or alters or uses any building in an industrial area or industrial estate contrary to the terms under which he holds such building or land. There is, however, no provision in the Act to demolish or alter the unauthorised structures for the purpose of enforcing the building regulations made under the Act, it is considered necessary to empower the Board to demolish unauthorised constructions and to direct the holders to construct or alter buildings in accordance with the regulations and conditions laid down in this behalf and if they fail to do so to get it done at their cost.

Deliverables

As aforementioned, the owners of only 1/10th of the lands which are sought to be acquired are agitating their grievances by filing these writ petitions. If the Notifications under Section 28(1) and Section 28(4) of the KIADB Act are set aside, qua these pockets of lands, then the entire development activity in the industrial area will come to a grinding halt and that would not be in the interest of anyone. It is not advisable nor feasible to interfere with the acquisition of such a large tract of lands when the occupants of 9/10th of the acquired lands have not thought it fit to challenge the acquisition proceedings. The aforesaid view of mine is supported by the judgement of the Apex Court in the case of OM PRAKASH AND ANOTHER vs STATE OF U.P. AND OTEHRS ((1998) 6 SCC PAGE1). The individual’s right of the land owner must yield place to the larger public purposes. In view of the same, this Court declines to interfere I the acquisition proceedings.”

CALL US 24/7

Need an Advice from Expert Lawyers?
Get an Appointment Today!

Talk to our legal experts and get the clarity you need.