No hotels in residential areas, rules SC

No hotels in residential areas, rules SC
No immediate impact

VIJAY TIMES NEWS

Bangalore: In a judgment of farreaching consequences, the Supreme Court has held running a hotel in a residential area is impermissible. A Division Bench comprising Justice S B Sinha and Justice P K Balasubramanyam held such change of land use (to hotels) cannot be permitted under the provisions of T own and Country Planning Act.

The ruling was given in a case where a person had purchased a house in Jayanagar , a residential area. He applied with the BDA for change of land use, which was subsequently granted. However , when he started a restaurant on the land, residents of Jayanagar 5th Block challenged the same.

The Karnataka High Court, however rejected, their petition saying objections had been called for from the W elfare Association which had said it had no objection.

Aggrieved residents then approached the Supreme Court. The Apex court, while setting aside the High Court order , held that running a hotel in a residential area is not permissible having regard to the zoning regulations.

Regulations provide for use of land that are permitted or may be permitted under special circumstances (such as public interest). A restaurant does not come within the purview of this category and there is no public interest involved.

The Bench also said it is not known as to what was the public interest involved in directing such a change in land use. The court, however , said building in the hotel can remain as it is and can be used only for the purpose which is permissible under the regulations.

* Section 14-A of the T own and Countr y Planning Act states change in land use

* Should be one in public interest

* Change should not contravene any provisions of the Act

* Proposed change should be intimated in one or more daily newspapers

The Supreme Court order can lead to a wait-and-watch situation for those running restaurants in the residential areas. BDA sources said the licences of these restaurants face the threat of cancellation if anyone challenges it.

However , sources said the judgment may not have an immediate bearing on the existing restaurants in the residential areas. It is possible that no further permits will be given to run a hotel or a restaurant in a residential area, they added.