IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.29237 OF 2015(GM-KIADB) BETWEEN:
M/s. Skyhigh Solutions Pvt. Ltd., No.E-102, Mantri Elegance Bannergatta Road Bangalore-560 076.
Represented by its director Mr. Vimal Kumar Agarwal S/o Sri. Kesar Deo Agarwal Aged about 51 years R/at Plot No.1 Sector B Metropolitan Co-operative Society Kolkata-700105. … Petitioner (By Smt. Manjula M.S. Advocate) AND:
1. The Karnataka Industrial Areas Development Board 4th and 5th Floor, East Wing Khanija Bhavan, Race Course Road Bangalore-560001.
Rep. by its Chief Executive Officer.
2. The Joint Director The Karnataka Industrial Areas Development Board 4th and 5th Floor, East Wing Khanija Bhavan, Race Course Road Bangalore-560001. ... Respondents (By Sri.P.V.Chandrashekar, Advocate for CR/1 & R2) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the letter dated:22.05.2015 issued by the R1 vide Annexure-D and direct the respondents to allot land on lease cum sale basis as allotted to other allottees in the same industrial area by receiving balance amount towards the cost of the land & etc.
This writ petition, coming on for preliminary hearing in ‘B’ Group, this day, the Court, made the following:
ORDER This writ petition is directed against the order dated 22.05.2015 (Annexure-D) passed by the first respondent cancelling the allotment of 1 acre of land in Plot No.160 of I.T Park, near Devanahalli, Bengaluru Rural District.
2. The brief facts of the case are that the petitioner is a Company registered under the Companies Act. Petitioner had submitted an application on 02.12.2013 to the respondent Karnataka Industrial Area Development Board (‘Board’ for short) for allotment of 1 acre of land in Plot No.160 of I.T. Park, near Devanahalli, Bengaluru Rural District. Pursuant to the application, the Board has allotted the said plot in favour of the petitioner on 06.05.2013 (Annexure-A) with certain conditions. Pursuant to that petitioner has paid Rs.66,00,000/- (rupees sixty six lakhs only) towards the allotment. Since the petitioner has not paid the balance amount of Rs.1,14,00,000/- (rupees one crore fourteen lakhs only), on 05.08.2014 (Annexure-C) the respondent Board has issued a notice to the petitioner to pay the balance amount of Rs.1,14,00,000/- along with Rs.10,118/- towards slum improvement cess. Since the petitioner has not paid the amount in pursuance to the notice dated 05.08.2014 (Annexure-C), by order dated 22.05.2015 (Annexure-D), the Board has cancelled the allotment made in favour of the petitioner. Being aggrieved by the same, the petitioner has filed this writ petition.
3. Contention of the petitioner in the writ petition is that pursuant to the allotment letter petitioner has paid Rs.66,00,000/- i.e., more than 35% of the cost of the land. Since the respondent has not provided the basic amenities the petitioner has not paid the balance amount.
4. Learned counsel appearing for the respondent Board submits that unless the petitioner pays the entire amount and after obtaining the necessary documents and possession of the property then only they can seek for basic amenities. He further submits that the Board has already provided all basic amenities.
5. The learned counsel has also relied on the judgment passed by this Court in W.P.No.9096/2015 disposed of on 01.04.2016 wherein, in similar circumstances this Court has permitted the petitioner to pay the balance amount and after paying the balance amount then can claim for the basic amenities.
6. Heard learned counsel for the respondents and perused the records.
7. Petitioner being a Company registered under the Companies Act, has filed an application for allotment of 1 acre of land in IT Park, near Devananhalli, Bengaluru Rural District to establish BPO/KPO/Solutions including a Training Centre. Pursuant to the said application, vide Annexure-A dated 06.05.2013 the Board has allotted 1 acre of land in Plot No.160, I.T.Park, near Devanahalli, Bengaluru Rural District with a condition that the petitioner has to pay the entire amount within 180 days from the date of issuance of the letter of allotment, i.e., on or before 05.11.2013. As per the condition, the allottee has to pay 20% of the cost of the land within 30 days from the date of allotment and the balance within 180 days from the date of allotment. The petitioner has paid only Rs.66,00,000/- and the remaining balance of Rs.1,14,00,000/- has not been paid in terms of the allotment letter. The Board, after giving notice as per Anneuxre-C has passed the impugned order vide Annexure-D cancelling the allotment.
8. This Court while disposing of W.P.No.9096/2015 on 01.04.2016 has held that in the interest of the parties, the cancellation order is set aside subject to the petitioner paying the balance amount along with interest as demanded therein. If the said amount is paid by the petitioner the further transaction shall be completed and necessary documents to be executed in favour of the petitioner. This matter is also similar to the order passed in the above said case.
9. Therefore, In the interest of justice, the impugned cancellation order passed by the Board at Annexure-D is set aside subject to the petitioner paying the balance amount along with interest as demanded therein. If the said amount is paid by the petitioner within six months, the further transaction can be completed and the necessary documents to be executed in favour of the petitioner.
10. In so far as the grievance put forth by the petitioner that the basic amenities were not available, in that view the petitioner has not paid amount apprehending that the petitioner would not be in a position to use the property, that is the matter which is only to be examined by the respondent keeping in view the regulations and factual aspect relating to the industrial area. Therefore, notwithstanding the payment of the amount along with the interest and securing the documents and possession of the property, liberty is reserved to the petitioner to make an appropriate representation to the first respondent seeking waiver of interest or to consider rate of interest to be reduced and in that light seek refund. If such representation is made the first respondent shall take note of the same, keep in view all the aspects of the matter and take a decision and convey the same to the petitioner in accordance with law.
The writ petition is disposed of in the above terms.
Cm/-
Sd/- JUDGE