IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52360/2017 (BDA) BETWEEN:
M/s C.R.JAIN CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT No.264, 5TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560011 REP. BY ITS MANAGING TRUSTEE Mr. JEETMAL JAIN …PETITIONER (BY SRI NISHANTH A.V., ADV.) AND:
BANGALORE DEVELOPMENT AUTHORITY T.CHOUDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560020 REP. BY ITS COMMISSIONER. …RESPONDENT (BY SRI MURUGESH V. CHARATI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 08.11.2017 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 08.11.2017 issued by the respondent vide Annexure-A to the writ petition whereby the Civic Amenity site No.03[P] Part-II, in Gnanabharathi Layout, I block, Bengaluru allotted to the petitioner has been cancelled.
2. The petitioner claiming to be a charitable trust had made an application to the BDA [Bangalore Development Authority] seeking allotment of a Civic Amenity Site to put up construction of a hospital building. Considering the same, BDA had allotted Civic Amenity Site bearing No.3[P] Part-II to the petitioner under the registered lease agreement dated 28.06.2007 for a period of 30 years. The petitioner was put in possession of the schedule property.
3. It is submitted that a facilitation agreement was executed between the petitioner and one M/s. Indus West Side Health Care Private Limited, a private limited company incorporated under the provisions of the Companies Act, 1956 with an intention to provide multi specialty health facility to the general public. Subsequently, M/s. Indus West Side Health Care Private Limited has handed over the hospital building to the trust on 25.02.2014 pursuant to the orders passed in Company Petition No.157/2011 before this Court. Thereafter, the petitioner has entered into an oral agreement with Medsol Hospital – a unit of Shri.C.R. Jain Charitable Trust and a hospital is functioning in the said premises.
4. Such being the position, respondent had issued a show cause notice to cancel the allotment of Civic Amenity Site made. It is the grievance of the petitioner that despite giving detailed reply dated 08.03.2017 acknowledged by the respondent, the order impugned has been passed sans providing any opportunity of hearing to the petitioner.
5. Learned counsel for the respondent – BDA would submit that no reply filed by the petitioner is traceable in the files of the BDA.
6. Having regard to the facts and circumstances of the case as aforesaid, this Court is of the considered view that the interest of justice would be sub-served in setting aside the order impugned and directing the respondent – BDA to consider the reply said to have been filed by the petitioner dated 08.03.2017 and take a decision in the matter, after providing an opportunity of hearing to the petitioner.
7. The respondent shall consider the reply dated 08.03.2017 at Annexure-N to the writ petition and take a decision in accordance with law after providing an opportunity of hearing to the petitioner, in an expedite manner in any event, not later than eight weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.