- (1.)Heard the learned counsel appearing for the petitioners, learned counsel appearing for the first respondent and learned counsel appearing for the second respondent.
(2.)The first respondent - Huballi-Dharwad Municipal Corporation (for short 'the said Corporation') executed a lease in favour of the second respondent on 16th February 2018 in respect of a civic amenity site, more particularly described in the lease. The lease was for a consideration of Rs.10,82,770/-. The purpose for which the lease was granted in respect of the civic amenity site was for construction of a building for medical education. A public notice was published by the said Corporation inviting objections from the members of the public to the application filed by the second respondent seeking building licence for construction of a building for medical education purposes. On 11th January 2019, objections were submitted by the petitioners and other residents of the area. On 7th March 2019, a permission was granted by the first respondent to the second respondent to construct a building. According to the case of the petitioners, permission was granted to construct a building for running medical college / hospital. The challenge in this petition is to the said permission granted.
(3.)In the statement of objections tendered today by the first respondent, reliance is placed on the resolution dated 29th January 2019 passed by the General Body of the said Corporation, in which the objections raised by the petitioners were considered and it was resolved to grant permission. In the objections filed by the second respondent, it is contended that the second respondent had applied for grant of the subject site for establishing a Nursing College. It is specifically stated in the objections that the proposed construction is that of a Nursing college building which has been permitted by the said Corporation. In Paragraph 8, it is specifically stated that the second respondent is running a separate hospital and therefore there is no intention on the part of the second respondent to construct any hospital building on the site in question and the construction carried out will be only for a Nursing college.