Whether Industrial Units being developed by the promoter are to be registered under RERA?

Industrial Unit means any business unit which engages in the manufacturing, processing, or
assembling of any products, and any other type of business, which by the zoning ordinance of
the city is required to be located in an industrial zone.

KARNATAKA MUNICIPAL CORPORATION MODEL BUILDING BYE LAWS –

sec.2(g) ‘Industrial Building’- Includes a building or part thereof wherein products or
material are fabricated, assembled or processed, such as assembly plants, laboratories, power
plants, refineries, gas plants, mills, dairies and factories etc.;

BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003

(2.47)‘industrial building’ means a building wholly or partly used as a factory, for the
manufacture of products of all kinds including fabrication and assembly, power plant,
refinery, gas plant distillery, brewery, dairy, factory, workshop etc.

BUILDING BY-LAWS APPLICABLE ( Maharashtra)- 2.77.9 Industrial Buildings :-

These shall mean and include any building or part of a building or structure, in which
products or materials of all kinds and properties are fabricated, assembled or processed like
assembling plants, laboratories, power plants, smoke houses, refineries, gas plants, mills,
dairies, factories etc.

Section 2(A) of MOFA "Flat" means a separate and self-contained set of premises used or
intended to be used for residence. or office or show-room or shop or godown [or for carrying
on any industry or business] (and includes a garage), the premises forming part of a building
'[and includes an apartment.}

 MAHARASHTRA CASE NAME- RENAISSANCE INDUS INFRA PVT. LTD. TO DELIVER THE
POSSESSION OF THE AGREED UNIT TO THE COMPLAINANT- TECHNO DRIVE ENGINEER
PVT. LTD
 TAMIL NADU CASE NAME- GMR KRISHNAGIRI SIR LTD. V. TNRERA

THE MADHYA PRADESH BHUMI VIKAS RULES, 1984 defines Industrial Building as
"Industrial Building" means any building or part of a building or structure, in which products
or materials of all kinds and properties are fabricated, assembles or processed and include
assembly plants, laboratories, power plants, smoke houses, refineries, gas plants , mills
,dairies, factories.

UTTAR PRADESH STATE INDUSTRIAL DEVELOPMENT AREA BUILDING

REGULATIONS-2004

Industrial Building: All buildings or part of the buildings or structure, in which

manufacturing, assembly and processing of any products take place.

Industrial Building Flatted: Those Buildings having two or more storeys, where every floor
has independent Industrial unit and in which land and amenities open space and passage are
jointly owned and collectively used are included in this.
Gujarat Industrial Development Act, 1962.

Section 2(H) defines Industrial Estate means any site selected by the State Government,
where the corporation builds factories and other buildings and makes them available for any
industries or class of industries.

Renaissance Indus Infra Pvt. Ltd. V. Techno Drive Engineer Pvt. Ltd.

FACTS

 Here the complainant filed the complaint against the Project Developer- Renaissance
Indus Infra Pvt. Ltd. to deliver the possession of the agreed unit to the complainant-
Techno Drive Engineer Pvt. Ltd.
 In the present case the complainant had booked two units in the industrial facility and
failed to get the possession of the same before the agreed date- 31st May, 2015.
 The complainant filed the same with the MahaRERA Authorities for the refund of the
amount along with interests and compensation and also to withdraw from the same
project

ISSUE

 To determine the extent of an application of the RERA?

JUDGEMENT

 The MahaRERA authorities refused and said that real estate law would not be
applicable to the present units and Maharashtra Flat Ownership Act, 1963 (MOFA)
would be applicable.

ANAYLYSIS OF THE RULING

 The authority examined the relevant documents and reached to the conclusion that:
a. The mentioned unit is ‘estate unit’ and they are of bigger size.
b. The location of the project is in Industrial Area
 The authority also agreed that the units purchased by the complainant was for the
industrial purpose of manufacturing and then by comparing the definition of
“Apartment” under RERA with the definition of “Flat” under Maharashtra
(Ownership of Flats) Act, 1963. The Authority then concluded that RERA does not
include ‘industrial units’ under it and thus an express exclusion of ‘industrial units’
from its powers. Hence they concluded that any building consisting of industry or
parts thereof will not be come under RERA instead they will be dealt by MOFA.

CONCLUSION

Here in the present judgement the authorities had applied the literal rule of interpretation and
concluded that the RERA would not be applicable but they have failed in taking the
consideration of the intention of the legislature as well as objective of the act which
according to me includes protecting the buyer from every type of building whether it be
residential, commercial or industrial. Also by giving such decision they had provide relief to
the promoters or industrial unit developers that to escape from such a law they have to only
prove that dispute is an industrial dispute and location is for the purposes of industrial project.

GMR KRISHNAGIRI SIR LTD. V. TNRERA

FACTS

 The appellant herein entered into a MOU with Tamil Nadu Industrial Development
Corporation Ltd. (TIDCO) to develop a project in the SEZ in Krishna District in
Tamil Nadu as a joint venture with an infrastructure development company under
public private partnership model.
 The appellant sent a letter dated 04.01.2019 to respondent to sought an opinion
whether the RERA would be applicable to their project.
 The respondent sent a letter dated 01.02.2019 and confirmed that as appellant’s
project involves the development of plots for industrial purpose, the same has to be
registered under the TNRERA.
 After the receipt of the letter the appellant sought for personal hearing to the
respondent and that after order no such opportunity was provided.
 The appellant filed an appeal against the order passed by the respondent 01.02.2019.