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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N S SANJAY GOWDA, J
M/S NETHAJI EDUCATIONAL SOCIETY VINOBHA NAGAR, SHIMOGA – Appellant
Versus
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT – Respondent
| Table of Content |
|---|
| 1. jurisdiction to issue direction for executing sale deed. (Para 1 , 2 , 6 , 12) |
| 2. authority's obligations under statutory rules. (Para 3 , 18 , 20 , 44) |
| 3. ten-year execution requirement after compliance. (Para 35 , 36 , 40) |
ORAL ORDER
1. The prayer in this petition is for issuance of a direction to respondent No.1 to consider the representation dated 05.09.2020 copy of which is produced at Annexure “AE” and also to direct respondent No.2 to execute the absolute sale deed in respect of the petition schedule site.
2. The facts in brief are that, on 07.01.1985, the petitioner had applied for allotment of a site from the then City Improvement Trust Board (“CITB”), Shimoga. CITB resolved to allot a plot measuring28x18 meters in favour of the petitioner for the purpose of constructing a school building on lease-cum-sale basis.
3. A lease-cum-sale agreement was also executed in favour of the petitioner on 26.09.1987 after the petitioner had paid the requisite allotment price. This registered lease-cum-sale agreement, as could be seen from Annexure ‘J’, is referable to Rule 22(4)1 of the Karnataka Improvement Boards Rules, 1976 (for short, ‘the 1976 Rules’), which prescribes
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