Adhaya Technologies Private Limited v. State of Karnataka
2011-12-01
S.ABDUL NAZEER
body2011
DigiLaw.ai
Judgment : 1. The petitioner was allotted an industrial plot by the Karnataka Industrial Area Development Board (‘Board’ for short) measuring 6508 sq.mtrs, at Bommasandra-Jigani Industrial Area, Anekal as per the letter of allotment at Annexure-A1, dated 10-1-2005. The petitioner was put in possession of the said site as per the possession certificate at Annexure-A2, dated 28-12-2005. The lease-cum-sale deed was also executed by the Board as per Annexure-B, dated 16-2-2006 in favour of the petitioner. The sketch showing the plot in question was attached to the said lease-cum-sale deed. The Chief Executive Officer/Executive Member of the Board has issued a notice at Annexure-F, dated 21-7-2008 informing the petitioner that the area allotted to the petitioner in the aforesaid plot is restricted to 5970 sq.mtrs. He was directed to surrender the original possession certificate dated 28-2-2005 and to obtain revised possession certificate for 5970 sq.mtrs. of land by contacting Development Officer II, KIADB Zonal Office, in the R.P. Building, N.T. Road, Bangalore. The petitioner has called in question the validity of the said notice in this writ petition. 2. Sri Vivek Reddy, learned Counsel appearing for the petitioner submits that the Chief Executive Officer/Executive Member has no power or authority to modify or rescind the allotment made in favour of the petitioner. It is only the Board or its delegate is authorized to reduce the area as provided under Section 14(f) (ii) and (g) of the Karnataka Industrial Areas Development Act, 1966 (‘Act’ for short). The Chief Executive Officer/Executive Member has no authority to modify/rescind the allotment made in favour of the allottees. 3. On the other hand, learned Counsel appearing for the respondent-Board has sought to justify the impugned notice/communication. 4. Section 14 of the Act provides for the general powers of the Board. Clause (f) (iii) of Section 14 states that the Board shall have the power to modify or rescind such allotments including the right and power to evict the allottees concerned on breach of any of the terms or conditions of their allotment. Clause (g) of Section 14 states that the Board shall have the power to delegate any of its powers generally or specifically to the Executive Member. It is not the case of the Board that the powers have been delegated to the Chief Executive Officer or the Executive Member, who has issued the impugned communication.
Clause (g) of Section 14 states that the Board shall have the power to delegate any of its powers generally or specifically to the Executive Member. It is not the case of the Board that the powers have been delegated to the Chief Executive Officer or the Executive Member, who has issued the impugned communication. Thus, the communication at Annexure-F, dated 21-7-2008 is without jurisdiction. It is accordingly quashed. The matter is remitted back to the Board for fresh consideration in accordance with law after notice to the petitioner. The Board is also directed to hear the petitioner before taking a decision in terms of this order. Writ petition is disposed of accordingly. All contentions on merit are kept open. No costs.