B K SURESH Vs. CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

JUDGEMENT

(1.) The petitioner is an allottee of a plot adjacent to Plot No. 257-A of Bommasandra Industrial Area, Bangalore by the Karnataka Industrial Areas Development Board. The plot allotted is adjacent to Narayana Hrudalaya, a reputed hospital treating heart patients and is stated to be in the process of commencing a cancer institute. The case of the petitioner is that with an intention to have tie-up with the business agencies, he approached the Tourism Department invoking the Tourism Policy of 2002-2007. The said department informed the petitioner that he requires 575 sq. meters of land as per the tourism policy. The plot allotted to petitioner measures 360 sq. meters. Therefore, the petitioner requested the KIADB to allot 1300 sq. meters C.A. site adjacent to his plot. Without considering his request, as per Annexure-H dated 11-12-2008 the said plot was allotted in favour of 2nd respondent. The petitioner is seeking to quash the said allotment and to direct the first respondent to consider his representations at Annexures-E, F and G.

(2.) The contention of learned counsel for the petitioner is that 2nd respondent got the plot in question allotted in her name by misrepresenting the facts. According to him, 2nd respondent is neither eligible nor entitled for allotment of the plot in question and the allotment made in her favour is bad in law and cannot be sustained and, therefore, prayed to quash the same by allowing this writ petition.

(3.) The 2nd respondent though represented, has not filed statement of objections justifying and defending the allotment of plot made in her favour by first respondent. Prima facie, the allotment of plot in favour of 2nd respondent is bad in law and liable to be quashed for the reasons stated in the succeeding paragraphs.