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Question: Our company owns two acres of industrially converted land on Whitefield main road, with the land earmarked as Industrial Hightech Zone in the Comprehensive Development Plan of 2015 published by the Bangalore Development Authority. Can we set up a business hotel on this property? If not, what steps need to be taken to do so?
(Name withheld on request)
Our panellists, N.C.S. Raghavan, chartered accountant, and Arvind Raghavan, advocate, answer:
Your land in an “as is where is condition” can be utilised mainly for industries categorised under sub-category I-3 under which hotels are not permitted. However, under the industrial (high-tech) zone, 40 per cent of the land can be utilised for commercial purposes which are categorised under sub-category C-3. This 40 per cent limit may not meet your requirement.
You can apply to the Bangalore Development Authority for change of land use from industrial (high-tech) zone to commercial (business) zone. Due to the amendment to Section 14-A of the Karnataka Town and Country Planning Act, 1961, made with effect from February 14, 2005, if the change of land use sought for is from industrial to commercial and the stipulated fee is paid to the BDA, the permission for such change shall be deemed to have been given.
You can then prepare plans and submit them for approval to the Bruhat Bangalore Mahanagara Palike since Whitefield has now come within BBMP jurisdiction.
Before doing so, ensure that all municipal taxes are paid and the Khatha Certificate is obtained from the BBMP in the name of your company in respect of the aforesaid land.
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