IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.43686/2016 (GM-KIADB) AND WRIT PETITION No.43834/2016 BETWEEN:
M/S MOHAN ENTERPRISES, NO.151/1B, DORAISANIPALYA, BANNERGHATTA ROAD, IIM POST, BENGALURU-500076.
REPRESENTED BY ITS PARTNER MR. A. MOHAN RAJU ... PETITIONER AND:
(BY SRI S. R. KRISHNA KUMAR, ADVOCATE FOR SRI GANAPATI HEGDE, ADVOCATE) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH & 5TH FLOOR, KHANIJA BHAVAN, NO.49, RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
... RESPONDENT (BY SRI K. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI P. V. CHANDRA SHEKAR, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DATED 25.7.2016 CANCELLING THE ALLOTMENT MADE TO THE PETITIONER (VIDE ANEXURE-A1 & A2); DIRECT THE RESPONDENT TO REINSTATE THE ALLOTMENT MADE TO THE PETITIONER VIDE ALLOTMENT LETTER DATED 26.11.2015 AT THE BULK ALLOTMENT RATE i.e., AT THE RATE OF RS.88,00,000/- (RUPEES EIGHTY EIGHT LAKHS ONLY) PER ACRE; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri S.R. Krishna Kumar, learned counsel for Sri Ganapati Hegde, the learned counsel for the petitioner. Sri K. Shashi Kiran Shetty, learned Senior Counsel for Sri P.V. Chandra Shekar, learned counsel for the respondent.
2. Heard.
3. In these petitions, the petitioner inter alia has prayed for the following reliefs:
(a) Issue a writ, order or direction in nature of certiorari or any other writ of like nature quashing the impugned orders dated 25.7.2016 cancelling the allotment made to the petitioner (vide Annexures A1 and A2).
(b) Issue a writ, order or direction in nature of mandamus or any other appropriate writ or order or direction directing the respondent to reinstate the allotment made to the petitioner vide allotment letter dated 26.11.2015 at the bulk allotment rate i.e., at the rate of Rs.88,00,000/- (rupees eighty eight lakhs only) per acre; and etc.
(c) Award the costs of this writ petition to the petitioner.
(d) Pass any other order as this Hon’ble Court may deem necessary, in the interest of justice and equity.
4. When the matter was taken up today, the learned counsel for the petitioner submitted that the petitioner had submitted an application for approval of the project for setting up of Steel Roofing Sheet Manufacturing Unit and a Pre-Engineered Building Steel Structure Manufacturing Unit. The petitioner was informed by the respondent that its proposal was cleared by the State Level Single Window Clearance Committee and recommendation was made in favour of the petitioner for allotment of 10 acres of land for each of its manufacturing unit. The petitioner requested the respondent to make allotment of land at bulk allotment rate, but land was allotted to the petitioner at the rate of Rs.1,38,00,000/- per acre, while the other allottees who were similarly situated were allotted the land at the rate of Rs.88,00,000/- per acre. During the pendency of the petition, two confirmatory letters of allotment, both dated 16.11.2017, have been issued by the respondent by which the petitioner is informed that the allotment of the land is made at the rate of Rs.88,00,000/- per acre. However, despite the representations being submitted by the petitioner dated 28.10.2015, 5.11.2015, 7.12.2015 and 30.6.2016, till today no action in the matter has been taken and in the aforesaid fact, the petitioner is seeking the request as stated supra.
5. The learned counsel for the petitioner submitted that the action of the respondent in demanding the petitioner for allotment at the rate of Rs.1,38,00,000/- per acre, is per se arbitrary and discriminatory in view of the fact that the land has been allotted to similarly situated persons at the rate of Rs.88,00,000/- per acre. It is further submitted that in view of the confirmatory letters dated 16.11.2017 issued to the petitioner during the pendency of the petition, the petitioner is entitled to allotment of the land at the aforesaid rate and the impugned order dated 25.7.2016 be quashed and the respondent be directed to allot the land in question to the petitioner at the rate of Rs.88,00,000/- per acre.
6. On the other hand, the learned Senior Counsel for the respondent submits that suitable action in this regard shall be taken by the respondent in accordance with law.
7. On perusal of the record, it is evident that the land has been allotted to similarly situated persons at the rate of Rs.88,00,000/- per acre. It is further evident that the confirmatory letters dated 16.11.2017 has been issued to the petitioner by which the respondent has taken a decision to allot the lands to the petitioner at the rate of Rs.88,00,000/- per acre and in the meeting held on 4.6.2016, the price of the land in the area is fixed at the rate of Rs.88,00,000/- per acre.
8. For the aforementioned reasons, the impugned order dated 25.7.2016 by which land is proposed to be allotted to the petitioner at the rate of Rs.1,38,00,000/- per acre, is hereby quashed and set aside. The respondent is directed to consider the claim of the petitioner for allotment of the land at the rate of Rs.88,00,000/- per acre, in the light of the observations made in this order as well as in the light of the confirmatory letters issued by the respondent dated 16.11.2017 and the decision taken by the Board dated 4.6.2016 by a speaking order within a period of four weeks from the date of receipt of certified copy of the order passed today.
9. Accordingly, the petition is disposed of.
Sd/- JUDGE MD