ADINARAYANASHETTY Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner has filed the present petition as a PIL and his contention is that a civic amenity site No.35, situated at 5th phase, Yelahanka New Town, Bengaluru, was allotted by the Karnataka Housing Board (KHB) to respondent No.3- Murthy Charitable Trust, represented by its President Smt. Gayathri on 23.08.2004 and there were specific conditions mentioned in the allotment order. The allotment order is on record and the conditions of the allotment order are reproduced as under:

(2.) The four conditions in the allotment order makes it very clear that the allottee was required to construct a building suitable for Education and public service within a period of two years and condition No.8 provides that the Housing Board shall be entitled to cancel the allotment without issuing any notice after expiry of five years.

(3.) Undisputedly, no construction has been carried out and the KHB has now executed an absolute sale deed in favour of respondent No.3 on 23.07.2020 for a sum of Rs.3,87,000/-. The value of the land is more than 10 Crores and an additional amount was received by KHB i.e., Rs.18,00,000/- for additional area allotted to respondent No.3. Undisputedly, at no point of time, the procedure provided under the Karnataka Housing Board (allotment) Regulations, 1983 was followed.