FIRST CHOICE FOOD PRODUCTS PVT. LTD. Vs. STATE OF KARNATAKA, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, THE DEVELOPMENT OFFICER AND EXECUTIVE ENGINEER AND THE COMMISSIONER DIRECTORATE OF INDUSTRIES

JUDGEMENT

(1.) THE petitioner is before this Court assailing the communication dated 30.11.2012 at Annexure -AA to the petitions and the communication dated 31.12.2012 at Annexure -AC to the petitions. The petitioner is also praying that the property be revalued and the amount be thereafter demanded. The petitioner is stated to be a company engaged in the processing of rice for exports. In that regard, the petitioner with the intension of setting up an industry had sought for allotment of a site through the State Level Single Window Clearance Committee. The petitioner had also participated in the Global Investors Meet held on 03.06.2010 and 04.06.2010 and subsequently, the petitioner has been allotted a plot. Further, an alternate allotment was also made and a modified allotment letter dated 02.04.2011 (Annexure -L) was issued to the petitioner. Presently, by the impugned communication dated 30.11.2012 at Annexure -AA and the communication dated 31.12.2012 at Annexure -AC, the respondents have intimated the petitioner that the grievance put forth by the petitioner with regard to leveling the land has been completed and it is ready for utilization and in view of the subsequent valuation of the property, the petitioner was requested to pay the balance cost of the land in a sum of Rs. 1,19,65,000/ - with interest as indicated in the modified allotment letter dated 02.04.2011. The petitioner claiming to be aggrieved by the same had represented to the respondents on 10.12.2012 raising grievance with regard to the revaluation of the property and had sought for appropriate value to be fixed. It is in response to the same, the subsequent communication dated 31.12.2012 was issued, whereby the respondents have once again requested the petitioner to pay the balance amount and complete the transaction. The petitioner being aggrieved by the same is before this Court seeking allotment of the site for the same value which had been indicated earlier or to revalue the property in the manner as indicated. Towards the value of the site, the petitioner at the first instance has paid a sum of Rs. 21,75,000/ - which is available with the respondents.

(2.) INSOFAR as the valuation of the property and the allotment of an alternate plot, what is necessary to be noticed is that the modified allotment letter dated 02.04.2011 was issued to the petitioner and the Plot bearing No. 555 -C, 553(P) and 552(P) was allotted in the Special Economic Zone, Hassan, Agro and Food Industrial area to establish the unit.

(3.) THE case of the petitioner is that notwithstanding the fact that the respondents had thereafter filled in the land and leveled the same, considering that there is lose soil, the petitioner was not able to put up an appropriate construction as planned by him earlier and the cost of construction would be more than what had been expected. Therefore, an alternate allotment was sought at that juncture.