BANGALORE: In a decision of far-reaching consequences, the Karnataka High Court has said that cinemas can be permitted in residential areas.
A Division Bench comprising Justice K. Sreedhar Rao and Justice L. Narayanaswamy passed the order on an appeal by a resident of Bangalore. The resident had appealed against a single judge order upholding the decision of the Bangalore Development Authority (BDA) in refusing permission to him to start a cinema in a residential area in Bangalore west.
The appellant said that the single judge had erred in accepting the BDA’s contention that cinemas were commercial and that such commercial activities could not be allowed or permitted in a residential area.
The BDA relied on the decision of the Supreme Court in the Adiga Hotel Case (Bangalore). It said cinemas could be permitted only in commercial areas.
It said the zonal regulations, the Comprehensive Development Plan, Town and Country Planning Act and even the BDA Act clearly delineated activities and businesses permissible in residential and commercial areas.
The Bench said that cinemas could be set up in residential areas as per the Cinematograph Act.