HC order to Karnataka govt on occupancy certificate

HC order to Karnataka govt on occupancy certificate

Picture for representation

The High Court of Karnataka on Wednesday asked the state government to come up with an alternative to the occupancy certificate for buildings established before 1976.

Justice Aravind Kumar was hearing a batch of petitions that challenged the legality of the notice issued by the city police to owners of pubs having live bands for not having occupancy certificates. 

The police have issued closure notices to live bands and bars and restaurants in the city as they had not obtained licences according to the provisions of the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005.

According to this order, producing an occupancy certificate is a must, and the application seeking a licence is a must. This order, which regulates restaurants and live bands, was upheld by the Supreme Court in January 2018. Based on this verdict, the police initiated action.

One of the petitioners Costa Rica Bar & Restaurant has contended that their application seeking renewal of licence was rejected for want of an OC. The police have not considered the fact that the building in which the restaurant is operational was built in 1978.

Section 310 of the Karnataka Municipal Corporations Act (KMCA), 1976, insists on buildings having an occupancy certificate.

The bench orally observed that the state government can accept a certificate from the jurisdictional structural engineer from BBMP as an alternative for occupancy certificate for buildings that were established prior to 1976 (prior to the KMCA Act, 1976).

The court also orally observed that the buildings established after 1976 will have to make their arrangements for OC. 

The court adjourned the case for orders on Thursday.