(1.) The Petitioner is a partnership firm registered under the provisions of the Partnership Act, 1932. It made an application dated 4-10-2002 to the then Chief Executive Officer of the Karnataka Industrial Area Development Board, Bangalore (for short, 'KIADB') for allotment of 50 acres of land for its housing project in the Industrial area formed by the KIADB in a area of 241 acres of land at Mammigatti and Narendra Villages' of Dharwad Taluk, Dharwad District. It made another application dated 18-11-2002 seeking allotment of 17 acres 20 guntas of land in Sy. No. 76 of Belavadi Village, Bailhongal Taluk, Belgaum District for similar purpose.
(2.) The KIADB in its meeting held on 17-6-2003 decided to allot 50 acres of land at Mammigatti and Narendra Villages of Dharwad Taluk in favour of the Petitioner at the rate of Rs. 5 lakhs per acre subject to obtaining necessary clearance from Hubli-Dharwad Urban Development Authority (HDUDA) and other Competent Authorities for its proposed project. In the said meeting, it was also decided to allot 17 acres 20 guntas of land in Sy. No. 76 of Belavadi Village, Bailhongal Taluk, Belgaum District in favour of the Petitioner at the rate of Rs. 80,000/-per acre. The Petitioner has produced copies of the agenda notes and the resolution of the KIADB dated 17-6-2003 as per Annexures-A and B respectively. The 2nd Respondent issued a letter of allotment dated 15-7-2003 communicating to the Petitioner the decision taken by the KIADB in respect of allotment of land at Mammigatti and Narendra Villages and the terms and conditions of allotment such as cost of the land, time schedule for implementing the project, mode of allotment i.e., lease-cum-sale, obtaining necessary clearance from the local authorities etc. The Petitioner has produced a copy of the allotment letter at Annexure-C.
(3.) As per Clause 3(iii), the Petitioner was required to remit a sum of Rs. 250 lakhs towards cost of the land at the rate of Rs. 5 lakhs per acre within 180 days from the date of issuance of the allotment letter. If the payment was not made within the stipulated period of 180 days, interest at the rate of 15.5% would be levied on the amount due. By another letter dated 18-9-2003 issued from the office of the 2nd Respondent to the Petitioner, the details of the land allotted in terms of survey numbers were furnished. In terms of the compliance of one of the terms prescribed by the KIADB, the Petitioner filed an application with the required fee before the HDUDA seeking approval of the layout proposed to be developed by it. It is the case of the Petitioner that the Joint Director, Town Planning Authority, Dharwad, by his letter dated 8-1-2004 accorded his approval for the layout for being developed in an area of 11.38 acres. However, the Joint Director, Town Planning Authority, Dharwad, by a subsequent letter dated 23-1-2004 cancelled the approval granted earlier on the ground that the lands in question did not come within its jurisdiction keeping an option open to the Petitioner to approach the jurisdictional village panchayat for necessary approval. The Petitioner further contends that it received a reminder dated 5-5-2005 from the Zonal office of the KIADB, Dharwad, for payment of the land cost together with interest. At that point of time, the Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL') had intended to put up 4 high tension lines in the area allotted to it and thereby the allotment made to the Petitioner would be reduced to 25-30 acres. In this regard, the Petitioner by a letter dated 30-6-2005 addressed to the Assistant Secretary, KIADB, Zonal Office, Dharwad, while narrating the said facts requested him to make arrangements to measure the actual land available after deducting the land required for the power transmission project, if any and make good of the allotment of land so lost in the same area. The Petitioner has produced a copy of the letter sent by it as per Annexures-F and G. It is further contended that due to the problems faced in getting the clear picture of the location of the land, the Petitioner could not proceed to get the layout plan approved by the jurisdictional village panchayat and get the applications processed for the sanction of loan by the Petitioner's bankers which insisted for submission of approved plans from Competent Authority. It is the case of the Petitioner that the Respondents without taking any action on the request made by the Petitioner vide letter dated 30-6-2005, without informing the Petitioner have proceeded to allot about 28 acres of lands in favour of the KPTCL out of which lands, some of the survey numbers are overlapping with the lands allotted to the Petitioner. The Petitioner sent a letter dated 12-1-2007 addressed to the 3rd Respondent-requesting him to get the land measured afresh and furnish a sketch indicating the details of the land available so as to enable it to get the layout finalised and obtain necessary financial assistance from his bankers for being paid towards the cost of the land. A copy of the said letter is produced at Annexure-K. The Petitioner has not received any replies from the office of the KIADB with regard to his request for measurement of land, availability of land and furnishing of sketch indicating available lands. It is further contended that to the shock of the Petitioner and without any prior notice by a letter dated 5-3-2007, Respondent 2 has informed the Petitioner that the allotment made to the Petitioner stood cancelled on expiry of 6 months from 15-7-2003, forfeiting the EMD of Rs. 10,000/-. The Petitioner has produced a copy of the letter at Annexure-L. Therefore, Petitioner has filed this writ petition seeking the following relief :