STATE OF KARNATAKA Vs. PRESTIGE ESTATES PROJECTS LIMITED

JUDGEMENT

(1.) These intra court appeals arise out of an order dtd. 6/10/2017 passed by the learned Single Judge in a writ petition. W.A.No.6845/2017 has been filed by the State Government (hereinafter referred to as 'the GOK' for short) whereas W.A.No.6438/2017 has been filed by Samaj Parivardhana Samadaya (hereinafter referred to as 'the Association' for short). Both these appeals were therefore heard analogously and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals in nutshell are that M/s Joy Ice creams (Bangalore) Pvt. Ltd., (hereinafter referred to as 'the Joy Ice Creams' for short) is the owner of land bearing Sy.No.160 and Sy.No.157(P) of Pattandooru, Agrahara Village, where it had established a factory for manufacture of ice creams. In the middle of the aforesaid land held by the Joy Ice Creams, land measuring 3 acres and 23 guntas in Sy.No.42 of Pattandooru, Agrahara Village (hereinafter referred to as 'the schedule land' for short) is situate. GOK issued a notification dtd. 16/9/1981 under Sec. 3 of Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the 1966 Act' for short) declaring the schedule land as an industrial area for the purposes of the 1966 Act. Thereafter, GOK leased out the schedule land on 20/10/1989 to Joy Ice Creams and executed a lease deed in its favour.

(3.) Joy Ice Creams requested the Karnataka Industrial Areas Development Board (hereinafter referred to as 'the KIADB' for short) to allot the aforesaid land. Thereupon the KIADB approached the Government with a request to transfer the schedule land in favour of Joy Ice Creams. The GOK by an order dtd. 20/10/2005 directed the Deputy Commissioner to transfer the schedule land in favour of KIADB. Joy Ice Creams was directed by KIADB, to pay an amount of Rs.5,30,49,079.00 on 22/11/2005. The aforesaid amount was remitted by Joy Ice Creams on 14/12/2005. The Special deputy Commissioner by a memorandum dtd. 31/3/2006 transferred the schedule land in favour of KIADB and imposed a condition of non alienation of the same.