DIVYAJYOTHI VIDYA KENDRA Vs. KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) This intra-Court appeal seeks to call in question a learned Single Judge's order dtd. 4/7/2023 whereby appellant's W.P.No.50859/2018 (GM-RES) challenging the cancellation of allotment of the subject land has been dismissed, with a direction to the respondent Karnataka Housing Board to pass orders determining the quantum of forfeiture and refund of remaining amount to the appellant within a period of four weeks.

(2.) Learned Senior Advocate argues that the allotment of subject civic amenity site was made vide letter dtd. 16/12/2003 and that the appellant has paid the allotment price of Rs.53,10,293.00 along with interest of Rs.7,11,157.00; a conditional sale deed dtd. 20/10/2005 has been executed and registered by the Housing Board on 20/10/2005, subject to the condition that the allottee should construct the school building within a period of 5 years and that should he fail to do it, the allotment would stand rescinded. The counsel submits that because of "shortage of funds and unavailability of loans or credit", the structure could not be constructed though BBMP had issued the khata. He also highlights his client's application dtd. 9/1/2014 for the grant of BBMP Approval and Sanction of Building Plan. Lastly, he argued that the impugned order which ignores several relevant factors that resulted into the building having not been put up within the stipulated period, have remained unconsidered and therefore the impugned order is liable to be voided.

(3.) Having heard learned counsel for the appellant and having perused the appeal papers, we decline indulgence in the matter being broadly in agreement with the reasoning of the learned Single Judge. Admittedly, the subject property is a huge civic amenity site formed in the layout concerned. The allotment of the same was made to the appellant vide allotment letter dtd. 16/12/2003 followed by the sale deed dtd. 20/10/2005. The allotment was for the specified purpose of establishing an educational institution by constructing a building therein within a period of five years. That has not happened, admittedly.