SHARADA EDUCATIONAL Vs. MYSORE URBAN DEVELOPMENT

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 26.06.2012 which is impugned at Annexure-L to the petition. The petitioner has also sought for issue of mandamus to the first respondent to issue NOC to the petitioner to obtain necessary sanction plan and licence from the second respondent to carry out the construction activity.

(2.) THE undisputed facts in the instant petition is that the request of the petitioner had been considered by the first respondent for allotment of a civic amenity site. Accordingly, site bearing No.14A, measuring 5502.50 sqmts at II Stage Vijayanagar, Mysore had been allotted in favour of the petitioner on 30.03.1998 as per the terms of allotment by way of lease for a period of 30 years. The petitioner was required to put up construction on the said property. The present action initiated against the petitioner by the first respondent is in view of the fact that the petitioner has not utilized the property. In that 3 regard, by the order dated 26.06.2012 impugned at Annexure-L, the allotment of the said site made on lease basis has been cancelled by the first respondent. Therefore, the petitioner is before this Court.

(3.) LEARNED counsel for the second respondent would point out that the role of the second respondent would arise only if the first respondent issues 'No Objection Certificate' for construction.