Karnataka High Court
Karnataka State Small Industries vs M/S Macdanal Granites (P) Ltd on 30 July, 2012
Author: K.L.Manjunath
Bench: K.L.Manjunath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30th DAY OF JULY, 2012
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT APPEAL NO.297/2008(GM-KSSIDC)
BETWEEN
1 KARNATAKA STATE SMALL INDUSTRIES
DEVELOPMENT CORPORATION LTD.,
A COMPANY REGISTERED UNDER THE
COMPANIES ACT HAVING ITS ADMN. OFFICE AT
INDUSTRIAL ESTATE, RAJAJINAGAR,
BANGALORE 44
REP. BY ITS CHIEF MANAGER
2 THE CHIEF MANAGER IE'S Z-1
KARNATAKA STATE SMALL INDUSTRIES
DEVELOPMENT CORPORATION LTD.,
INDUSTRIAL ESTATE, RAJAJINAGAR
BANGALORE 44
... APPELLANTS
(By Sri : PUTHIGE R RAMESH,ADV. )
AND :
1 M/S MACDANAL GRANITES (P) LTD
A COMPANY REGISTERED UNDER THE
COMPANIES ACT HAVING ITS REGD. OFFICE AT
NO.A-343, 9TH MAIN, PEENYA II
STAGE,BANGALORE
REP. BY ITS MANAGING DIRECTOR O.RAJU
... RESPONDENT
2
(By Sri : S.K.V. CHALAPATHY,SR.COUNSEL FOR
RESPONDENT )
THIS WRIT APPEAL FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
NO.24091/05 DATED 03/12/2007.
THIS APPEAL COMING ON FOR ORDERS THIS
DAY, MANJUNATH J, DELIVERED THE FOLLOWING:
JUDGMENT
The legality and correctness of the order passed by the Learned Single Judge in W.P.NO.24091/05 dt.3.12.2007 is called in question in this appeal.
2. Heard the counsel for the appellants Sri.Puthige R.Ramesh and Sri.S.KV.Chalapathy, learned counsel appearing for the respondent.
3.The facts leading to this appeal are as hereunder:
Industrial shed bearing No.A-343 situated at Peenya II stage, Bangalore was allotted to the respondent on 7.1.1991 and he was put in possession of the property on 8.1.1991. On 7.9.1991 communication was sent by the appellants to the 3 respondents stating that due to typographical error the measurement of the land has been shown as lesser extent than the actual extent of the allotment made. Thereafter on 21.2.1992 the respondent made an application to the appellants requesting the appellants to allot the excess land. Accordingly on 18.6.2002 the appellants passed an order allotting the same to the respondent at the rate of Rs.220/- per sq. Mtr. with interest at 10% from the date of possession till the date of payment. Immediately on 10.7.2002 the order of allotment was unilaterally withdrawn.
Therefore, the respondent filed a Writ Petition before this court in W.P.NO.27143/02, which Writ Petition came to be allowed on 16.3.2005 on the ground that the order of cancellation is unilateral without providing an opportunity of hearing to the respondent. Again the respondent made an offer to pay Rs.4,78,676/- as per his letter dt.31.3.2005. On 16.9.2005 the Board of the appellants decided to allot the same to the respondent at the rate of Rs.6400/- per Sq.Mtr. calling upon the respondent to pay the amount within 4 a period of 45 days failing which an interest at 12.5% has to be paid on the allotment price. This order was questioned by the respondent by filing the Writ Petition. The Learned Single Judge by his order dt.3.12.2007 directed the appellants to collect at the rate at which the Industrial sheds were allotted during the year 2002 within a period of one month from the date of receipt of the order. This order is questioned by the appellants in this appeal.
4. Having heard the counsel for the parties, we had directed the learned counsel for the appellants to produce the rate of allotment of the vacant land as of the year 2002. A submission is made by the learned counsel for the appellants that in 2002 the rate of allotment was Rs.1650/- per Sq.Mtr. This fact is not disputed by the learned counsel for the respondent. If it is so, we are of the opinion that the respondent has to be directed to pay a sum of Rs.1650/- per Sq.Mtr. Since the respondent is in possession of the land 5 without payment of cost, he has to be directed to pay interest on Rs.1650/- per Sq.Mtr.
5. Accordingly, this appeal is allowed-in-part. The order of the Learned Single Judge modified holding that the respondent shall pay a sum of Rs.1650/- per Sq.Mtr. along with interest at 10% on the aforesaid sum to be calculated from 18.6.2002 on which date a communication was made to the respondent to make the payment and 3 months time is granted for the respondent to make the payment. If the amount along with interest is paid by the respondent within three months from today, the appellants shall take steps to execute necessary documents in this regard. If the amount is not deposited or paid by the respondent, the appellants shall take steps to cancel the allotment.
SD/-
JUDGE SD/-
JUDGE Ak