M/S. ANANYA SOFTWARE PVT. LTD. Vs. M/S. MEP ELECTRONICS PVT. LTD. AND M/S. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD

JUDGEMENT

(1.) THE appellant who was the 2nd respondent in W.P. No. 13028/2005 is calling in question the order passed by the learned Single Judge in W.P. No. 13028/05 dt. 20.12.2007. Heard Sri. Udaya Holla, learned Senior counsel appearing for the appellant and Sri. S. Subramanya, learned counsel for the 1st respondent and Mr. Nayak, learned counsel for respondent -2.

(2.) THE facts leading to this appeal are as hereunder:

(3.) SINCE the 1st respondent did not complete the project, as the lease granted to him was terminated in accordance with law, even though the Board was willing to allot the same site for Rs. 15,51,230/ - afresh as the 1st respondent was not willing to pay the same, the Industrial site which was allotted to the 1st respondent came to be allotted to the appellant herein on 25.2.2005. The appellant paid a sum of Rs. 80,35,215/ - and commenced the construction by putting up a compound and constructing a watchman's cabin. On 19.3.2005 the KIADB confirmed the allotment made in favour of the appellant and on 29.3.2005 possession certificate was issued and an agreement of lease -cum -sale was executed by the KIADB in favour of the appellant on 13.4.2005.