NAVEEN HOTELS LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in W.P. No. 61485/2009 is assailing the order dated 31.01.2009 whereunder the grant of land measuring 04 acres in Sy.No.294, Kodibagh Village, Karwar, made in favour of the petitioner is cancelled. The same petitioner is in W.P.No.66067/2009 assailing the action of the respondents No. 1 and 2 in allotting the very same land to respondent No.3 therein through the order dated 02.02.2009. In that view, both these petitions are taken up together and disposed of by this common order.

(2.) Heard Sri. M.H.Patil, learned counsel for the petitioner, Sri. Madhusudan R. Naik, learned Advocate General and Sri. M.B.Kanavi, learned Cental Government Counsel for the respective respondents and perused the petition papers.

(3.) The petitioner was allotted the land measuring 04 acres in Sy.No. 294, Kodibagh Village, Karwar District which is situate in the coast of the Arabian sea for the purpose of construction of a five star hotel for the benefit of tourism, by the order dated 25.03.1989. The said grant made was subject to conditions which included that the construction was to be put up within the time frame i.e., within two years, but such construction was not permitted to be put up within 200 meters from the high tide level. At an earlier instance, on the allegation that certain construction was made within 200 meters, action was taken to cancel. The petitioner was before this Court in W.P. No.31675/ 1997. This Court by the order dated 25.05.1997 directed the respondents to depute the Revenue Inspector to carry out the inspection based on which the cancellation was to be decided.