Tag: Karnataka High Court

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Karnataka HC Supports Premium FAR Policy; Dismisses TDR Petitions

In a major ruling concerning urban development in Karnataka, the High Court has affirmed the State’s implementation of a Premium Floor Area Ratio (Premium FAR) under Section 18B of the Karnataka Town and Country Planning Act, 1961. The court dismissed two petitions submitted by landowners and Transferable Development Rights (TDR) holders who challenged the constitutional validity of the amendment and related notifications. The petitions were filed by landowners whose properties were previously acquired for public use, receiving TDR instead of monetary compensation. They contended that the introduction of Premium FAR enables developers to gain additional buildable rights from the government…

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No GST on Leasing Residential Premises as Student Hostels: SC

NEW DELHI: The Supreme Court ruled on Thursday that leasing residential premises to entities utilizing them as hostels for students and working professionals is exempt from GST. Justices JB Pardiwala and KV Viswanathan upheld the Karnataka High Court’s decision, affirming that such leasing practices are indeed exempt under GST. “In this instance, the primary purpose of the property as a residence is unchanged. Imposing an 18% GST on the transaction between the respondent No. 1 and the lessee, M/s DTwelve Spaces Private Limited, would eventually burden students and working professionals, undermining the legislative intent of providing exemptions for residential use,”…

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Karnataka HC Sets Guidelines for Auto-Updating Civil Court Decrees

BENGALURU: The High Court has issued guidelines aimed at integrating civil court decrees into the state’s digital revenue systems, ensuring that judicially declared rights are promptly reflected in land records. Justice Sachin Shankar Magadum has launched a new workflow, titled ‘Mutation based on Civil Court Decree’ in Kaveri 2.0, designed to streamline decree-based mutations and reduce uncertainties for revenue authorities. Under this new module, the departments of stamps and registration alongside the revenue department, in cooperation with the Centre for Smart Governance, will verify decrees, automatically generate mutation requests to Bhoomi, and facilitate the recording of proportional shares in the…

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Karnataka HC Supports ED’s Seizure of Kingfisher Tower Flat

Certainly! Here’s a rewritten version of the content: — MUMBAI: The Karnataka High Court has affirmed the Enforcement Directorate (ED) Mumbai unit’s seizure of a flat in Kingfisher Towers, Bengaluru, associated with Vijay Mallya, the promoter of the now-defunct Kingfisher Airlines, in relation to a money laundering investigation. This property was part of a project developed by United Breweries (Holdings) Ltd (UBHL) and Prestige Estate Projects. Rajendrakumar Jain, a businessman, reported that he paid Rs 18.4 crore in 2011 for an 8,321 square foot apartment, stating that UBHL had consented to sell it. In 2015, the CBI charged Mallya and…

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Karnataka HC Reverses Decision on Firm’s Building Plan

Sure! Here’s a rewritten version of the content: BENGALURU: A division bench of the Karnataka High Court, led by Chief Justice Vibhu Bakhru, has annulled a previous ruling mandating the Greater Bengaluru Authority to endorse a revised building plan from Sangam Enterprises, providing significant relief to the civic body. Sangam Enterprises aimed to utilize a Transferable Development Rights (TDR) certificate issued on April 18, 2015, to augment the height of their 5,630 sqm property, encompassing two adjacent plots on Dhanvantari Road and Subedar Chatram Road in the Majestic area of Bengaluru. The proposed changes sought to elevate the building height…

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Karnataka HC: Building Plans Must Meet Norms for Approval

BENGALURU: The Karnataka High Court has determined that the regulations applicable to building plan approvals are those in effect at the time of sanction, not at the initial application submission. A single-judge bench, led by Justice Suraj Govindaraj, dismissed a writ petition filed by a property developer who contested the rejection of his building plan by municipal authorities. The developer asserted that his application should adhere to the norms that existed prior to subsequent amendments to the building by-laws. The court rejected this argument, clarifying that the mere act of applying does not confer any vested rights to the applicant.…

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Karnataka HC Calls for State to Develop Plot Guidelines

BENGALURU: The Karnataka High Court has called on the State Government to create a comprehensive framework to regulate land transactions involving converted lands located outside sanctioned layouts. Justice Sachin Shankar Magadum, while reviewing a writ petition, noted that the increasing number of such transactions necessitates a clear regulatory structure. “With many buyers acquiring sites in converted lands not part of approved layouts, it is crucial for the State to develop a comprehensive scheme to manage these transactions,” the court asserted. The judge emphasized that unless the government establishes appropriate guidelines or a regularisation mechanism under Section 17(2B) of the Karnataka…

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Karnataka HC отменяет штрафы Регулятора недвижимости

BENGALURU: The High Court has annulled a circular issued by the Real Estate Regulatory Authority (RERA) of Karnataka on September 3, 2020, due to lack of legislative authority. The circular aimed to retrospectively impose a “delay fee” for late submissions of quarterly updates and annual audit statements. This circular required builders, developers, and promoters to submit quarterly updates and annual audit statements as per Section 7 of the Real Estate (Regulation and Development) Act, 2016. The petitioners contended that while the Act mandates obligations for promoters, it does not empower the authority to enforce delay fees. They argued that delays…

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Karnataka HC Advocates for GIS Land Mapping in State

BENGALURU: The Karnataka High Court has mandated the state government to create a unified technological platform using Geographic Information System (GIS) to provide a single, verifiable source for all land-related information. The court’s directive requires that the platform incorporates a GIS-based foundation, serving as a comprehensive and unalterable map of land parcels throughout the state. It will utilize high-resolution satellite imagery from the Forest Survey of India (FSI) and the Indian Space Research Organisation (ISRO) to accurately demarcate and geo-tag all designated forest boundaries in accordance with historical gazette notifications. Additionally, it will monitor forest cover via remote sensing data…

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Karnataka HC: BDA Must Prove Title in Sadashivanagar Case

BENGALURU: The Karnataka High Court has resolved two writ appeals concerning a protracted land use and ownership dispute over a one-acre plot adjacent to the Sadashivanagar Club. The court ruled that the land use designation in the Bengaluru Master Plan has expired due to non-utilization. A division bench consisting of Justice SG Pandit and Justice TM Nadaf stated that any further actions on the application filed by members of the former Mysuru royal family would hinge on the outcome of a pending civil suit before the Bengaluru city civil judge. The appeals were put forth by the Bangalore Development Authority…