ORDER

The petitioner is before this Court calling in question an order dated 25-09-2023 whereby a plot in Plot No.12-P of Hi-Tech, Defence and Aerospace Park (IT-Sector), Bangalore Urban District made to the petitioner is sought to be cancelled.

2. Facts, in brief, adumbrated are as follows:-

The petitioner is a company and claims to be a subsidiary of Reliance Retail Ventures Limited and is also Information Technology Enabled Services Company. Its main activity is providing information (Data) services. It is engaged in the business of IT enabled services right from its inception. The petitioner makes an application before the respondent/Karnataka Industrial Areas Development Board (hereinafter referred to as ‘the Board’ for short) for the purpose of setting up of a development centre for its business. An approval was granted by the State High Level Clearance Committee to the project of the petitioner and an allotment letter dated 26-09-2014 was issued to the petitioner alloting 15 acres of schedule property to the petitioner on lease for a period of 99 years. The allotment letter also detailed the premium and the rent to be paid qua the schedule property.

3. In furtherance of the said allotment letter, a possession certificate was granted putting the petitioner in possession of Plot No.12 measuring 60,632.41 sq.mts. which bears description in the schedule to the petition. It is claimed that the petitioner is in possession of the property since 20-11-2014 uninterruptedly. A lease agreement also comes to be executed between the parties for a premium of `37,45,63,614/- with a fixed annual rental for a period of 99 years.

4. It is claimed that on 14-10-2015 the petitioner enters into a Design Consultant Appointment Agreement with one M/s Synergy Property Development Services Private Limited for development of the project in the schedule property and building plans were all approved. On 09-08-2016 the petitioner also makes an application to the BSNL for a no objection to telephone connection in the property. When things stood thus, on 05-10-2016 the petitioner communicates to the Board enclosing a plan and also paid building approval fee as was necessary in law. In terms of the time limit prescribed in the lease deed, the petitioner had to complete the construction in the property within three years from the date of its allotment i.e., 26-09-2014. On 06-10-2017 the petitioner represents detailing out several hurdles faced by it and submitting explanation as to why construction could not be carried out due to hurdles. The petitioner requests for phase-wise development plan vis-à-vis transport and other allied infrastructure to be carried out by the Board so that the petitioner would begin construction.

Therefore, till 06-10-2017 no construction took place.

5. Owing to the fact that the petitioner did not complete the construction, a notice comes to be issued to the petitioner on 12-02-2018 invoking Section 34B of the Karnataka Industrial Areas Development Act, 1996 (‘the Act’ for short) for violation of the terms and conditions of lease agreement. The notice alleged that the petitioner has not taken any effective steps to implement the project even after a lapse of two years. After this notice was sent, another notice dated 23-02-2018 was sent directing the petitioner to appear before the Chief Executive Officer and Executive Member along with details of effective steps taken to implement the project. The petitioner then replied to the notice on 09-03-2018 requesting the respondent to withdraw the notice dated 12-02-2018 and submitted detailed reasons for non-adherence to the time line qua the construction. Another notice on 28-09-2018 comes to be issued calling upon the petitioner to appear and produce documents of construction activities in the allotted area. Four years after the said notice have passed by, during which period neither, construction takes place, nor was there any communication from the Board.

6. On 16-07-2022 the Board s