HINDUSTAN PETROLEAUM CORPORATION LTD Vs. STATE OF KARNATAKA
LAWS(KAR)-2009-2-50
HIGH COURT OF KARNATAKA
Decided on February 12,2009

HINDUSTAN PETROLEAUM CORPORATION LTD Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

- (1.) WRIT petition by a Government of India Enterprise by name M/s. Hindustan Petroleum Corporation Limited, who it appears had been allotted an extent of 405. 12 acres of industrial land as per lease-cum-sale agreement dated 28-10-1998 entered into between the Karnataka Industrial Areas development Board (for short 'kiadb') and the petitioner (copy at Annexure-C ).
(2.) IT is in respect of this industrial area, the second respondent-Mangalore Urban Development Authority had made the petitioner pay a sum of Rs. 1,31,32,563/- on the premise that the petitioner was attempting change of land use i. e. converting the land which was earlier having the character of agricultural land into an industrial land and without obtaining the prior permission of the second respondent as required under Section 14 of the Karnataka town and Country Planning Act, 1961 (for short "the KTCP Act') and therefore the petitioner was required to first pay this amount before going ahead with any developmental activity.
(3.) IT is aggrieved by this extraction, the present writ petition by the petitioner - company for quashing the demand notice dated 4-4-2000 (copy at Annexure-A) demanding payment of this amount and also for quashing yet another notice dated 3-10-2000 (copy at annexure-B) for the same amount.;


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