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PRASANNA B. VARALE, KRISHNA S. DIXIT
Divyajyothi Vidya Kendra, Represented By Its President Sri. M. Muninarsimha – Appellant
Versus
Karnataka Housing Board, Rep Herein By Its Commissioner – Respondent
Headnote: Read headnote
JUDGMENT :
This intra-Court appeal seeks to call in question a learned Single Judge’s order dated 04.07.2023 whereby appellant’s W.P.No.50859/2018 (GM-RES) challenging the cancellation of allotment of the subject land has been dismissed, with a direction to the respondent Karnataka Housing Board to pass orders determining the quantum of forfeiture and refund of remaining amount to the appellant within a period of four weeks.
2. Learned Senior Advocate argues that the allotment of subject civic amenity site was made vide letter dated 16.12.2003 and that the appellant has paid the allotment price of Rs.53,10,293/-along with interest of Rs.7,11,157/-; a conditional sale deed dated 20.10.2005 has been executed and registered by the Housing Board on 20.10.2005, subject to the condition that the allottee should construct the school building within a period of 5 years and that should he fail to do it, the allotment would stand rescinded. The counsel submits that because of “shortage of funds and unavailability of loans or credit”, the structure could not be constructed though BBMP had
The cancellation of the allotment of a public property is justified when there is non-compliance with the stipulated conditions, particularly when the purpose of the allotment relates to the educatio....
Civic amenity sites can be allotted for various purposes, including religious, unless specifically reserved otherwise by formal notification.
A person who has put up construction despite restrain order, cannot claim any equity.
What is required under Rule 7 of Rules 1991 is a comparative analysis to be made of each of applicants so as to determine who is best suited to receive a lease of civil amenity site and for what purp....
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
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