Establishments In Notified Industrial Areas Exempted From Obtaining Building Permit From Local Bodies

Case: Ms Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors.

Coram: Justice Shaji P. Chaly

Case No.: WP(C) NO. 3603 OF 2016

Court Observation: “I am of the undoubted opinion that when a statute exempts or grant benefits to industrial establishments located within the notified industrial areas, the local body is precluded from taking any action on the basis of the provisions of law applicable to other industrial establishments. I am also of the view that exemption is granted by the statute as well as the Government in order to promote industries within the State and to facilitate an easy mechanism for an industrialist to start the establishments without being saddled by the intricacies contained under various statutes, by resorting to the single window clearance methodology provided under Act 1999.”

“The order clearly specifies that the industrial units located in the Industrial Estates/Development Area/Mini Industrial Estate/a consolidated list of which are appended to the order, shall be exempted from obtaining clearances from local bodies.”

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