NEW EDUCATION TRUST Vs. BELAGAVI URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition is filed seeking for a direction to the respondent to issue a NOC for construction of a School Building in R.S. No.109/1 of Kankarali B.K. Village, Belagavi. A prayer is also made seeking for a direction to the respondent to consider the representations submitted by the petitioner, vide Annexures-G and K.

(2.) It is not in dispute that the petitioner was granted land by the respondent - authority in the year 2010. One of the terms of the grant was that the petitioner was to construct a building within a period of two years. However, the said condition has not been complied with by the petitioner and it is only in the year 2014, the petitioner sought for permission to construct the School Building.

(3.) It is stated that the respondent is refusing to issue a NOC on the ground that more than 10 years have elapsed since the allotment and the petitioner would not be entitled for issuance of a NOC.