VIMAL SIPANI Vs. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

JUDGEMENT

(1.) Heard the learned senior counsel Sri.Shashikiran Shetty for learned counsel Sri.Kiranj.J., for petitioner and learned counsel Sri.B.B.Patil for respondent.

(2.) With the consent of learned counsel for the parties, matter is taken up for final disposal.

(3.) Learned senior counsel would submit that petitioner was allotted an industrial plot No.254-B in Sy.No.236 in Bommasandra Industrial Area within the limits of Bommasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru District by allotment letter dtd. 16/10/1989. It is submitted that petitioner was put in possession on 7/2/2005 and lease-cum-sale was executed on 27/8/2005. Learned senior counsel would submit that due to various reasons including liquidation proceedings, petitioner could not construct industrial building within the time stipulated under the lease- cum-sale agreement. The respondent issued notice dtd. 9/8/2016 under Sec. 34B of the Karnataka Industrial Areas Development Act, 1966 [for short 1966 Act] pointing out certain deficiencies and defects and breach of terms and conditions of lease. Petitioner submitted his reply at Annexure-J dtd. 18/11/2016 explaining the circumstances under which petitioner could not put up industrial factory. The respondent passed impugned order at Annexure-K dtd. 23/3/2017 to resume industrial plot allotted to the petitioner. Aggrieved by the same, petitioner is before this Court.