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2024 Supreme(Online)(Kar) 38960

KARNATAKA HIGH COURT
M/S MALLIGA INDUSTRIES – Appellant
Versus
KARNATAKA INDUSTRIAL AREAS – Respondent


ORDER

The Petitioner was allotted an industrial site bearing Plot No.

1-B of the Sompura Industrial Area, 1st Stage, near Dobaspet, measuring 2013.00 square meters. Subsequently, a lease-cum- sale agreement was executed in favor of the petitioner on 24.06.2013. One of the conditions imposed was that the petitioner was required to implement the project within two years from the date of the agreement, having already paid the entire tentative cost of the industrial site.

2. The petitioner did not implement the project within the stipulated time, prompting the respondent, the Karnataka Industrial Areas Development Board (KIADB), to issue a notice under Section 34 of the KIADB Act, 1996. The notice called upon the petitioner to explain why the allotment should not be canceled and forfeited for failing to implement the project.

3. The notice issued culminated in the order dated

26.5.2017 (Annexure-A), which granted the petitioner a nine-month extension to implement the project. This extension was subject to the payment of Rs.37,89,356/- towards the difference in the prevailing tentative allotment price and the allotted price, as well as Rs.6,81,451/- towards the difference in the cost of lan

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