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2021 Supreme(Kar) 573

S.C.SHARMA, SACHIN SHANKAR MAGADUM
Adinarayana Shetty – Appellant
Versus
Principal Secretary Urban Development Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunil Kumar H., Adv., Chandrashekar S.M., Senior Adv. and H.S. Prashanth, Adv.
For the Respondents: Vijaykumar A. Patil, AGA, B.J. Mahesh, Adv., Chandrashekar S.M., Senior Adv. and H.S. Prashanth, Adv.

ORDER :

S.C. Sharma, J.

1. The petitioner has filed the present petition as a PIL and his contention is that a civic amenity site No. 35, situated at 5th phase, Yelahanka New Town, Bengaluru, was allotted by the Karnataka Housing Board (KHB) to respondent No. 3-Murthy Charitable Trust, represented by its President Smt. Gayathri on 23.08.2004 and there were specific conditions mentioned in the allotment order. The allotment order is on record and the conditions of the allotment order are reproduced as under:

    1. The second party shall construct building suitable for Education and public service as the case may be, duly providing for all infrastructures as are relevant to provide facilities to accomplish the said objective, within a period of two years or within such period of further time allowed by the second party, in conformity with the provisions of law in force from time to time.

2. The second party shall not alliance (alienate) the schedule property except by mortgage or creation of charge or lien in favour of schedule bank or any statutory lending agencies for the construction of buildings in the schedule property.

3. The second party is bound by the provisions of Karnataka Housing

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