JAYAPRAKASH CHARITABLE TRUST Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Learned counsel for the petitioner has filed an affidavit of Sri. J. Mohan Kumar stating that he represents the petitioner - Trust. It is further submitted that he is solely in-charge of the affairs of the trust after the death of his father, mother and brother. In light of the same, office objection regarding the signature of the person representing the trust is overruled.

(2.) Petitioner - Trust is stated to have been registered on 6/6/1991. The respondent - MUDA has allotted the civic amenity site on 4/8/1994 and possession certificate was issued and katha came to be entered in the petitioner's name.

(3.) It is submitted that the petitioner had proposed for construction of 'Kalyana Mantapa'. However, the same did not fructify due to various bonafide reasons. It is further stated that in response to the show cause notice issued on 31/5/2011, petitioner gave its reply stating the reasons for lapse and finally, the respondent by order dtd. 2/5/2017 has cancelled the allotment of civic amenity site. Petitioner submits that there are bonafide reasons for the lapse and also draws attention to the order passed in W.P.No.14834/2018 disposed off on 25/11/2019 wherein this Court under similar facts had set aside the cancellation and made certain observations at paragraph No.7, which reads as follows: