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H. P. SANDESH
Yallappa S/o. Somappa kori – Appellant
Versus
Commissioner, Karnataka Housing Board – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
The petitioners in this petition have prayed this Court to issue a writ of certiorari or any other order, direction or writ quashing the notification dated 03.09.2016 bearing No.KHB/LAQ/88/2008-09 issued by the respondent No.1 produced at Annexure-D insofar as condition No.2 is concerned and also sought for issuance of writ in the nature of mandamus directing the respondents to allot 40% share in commercial and corner sites also to the petitioners and other suitable order as deemed fit in the circumstances of the case.
2. The factual matrix of the case of the petitioners in the petition that they are the owners of lands described in paragraph No.1 of the petition in different survey numbers and that there was a proposal for housing scheme by the Karnataka Housing Board (for short, ‘KHB’) and approval was also obtained from the KHB for purchase of 300 acres of land for the purpose of housing scheme.
As the KHB had issued notification in Kannada daily newspaper calling for applications for general allotment, the said notification was challenged by the petitioners herein and 5 others in W.P.Nos.109723-727/2015 and in W.P.Nos.109839-842/20
The court established that land acquired under the Land Acquisition Act vests with the State, and the Karnataka Housing Board has the authority to determine site allotments, including auctioning corn....
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....
Once a sale deed is registered, title transfers to the purchaser and cannot be unilaterally cancelled or altered without court intervention.
The court held that the Corporation of Kozhikode's decision to sell a portion of the property acquired for public road to respondents 3 to 5 was not tainted with malafides and was in accordance with ....
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
Acquisition of land for housing requires strict adherence to statutory approval processes to ensure it serves a public purpose, failure to comply invalidates the acquisition.
The main legal point established in the judgment is that entitlement to incentive sites following land acquisition is contingent upon the existence of specific resolutions or provisions at the time o....
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