Karnataka High Court
New Education Trust vs Belagavi Urban Development Authority on 27 October, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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WP No. 102753 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 102753 OF 2022 (GM-RES)
BETWEEN:
NEW EDUCATION TRUST,
ASPMC ROAD,
SANGAMESHWAR NAGAR,
BELAGAVI-590010,
BY ITS CHAIRMAN
... PETITIONER
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, SHIVAJI NAGAR,
BELAGAVI-590016,
REP. BY ITS COMMISSIONER.
... RESPONDENT
(BY SRI. M.A. HULYAL, ADVOCATE)
VISHAL THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
NINGAPPA
PATTIHAL 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE,
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS
Location: Dharwad
Date: 2022.10.27
18:20:53 +0530
DIRECTING THE RESPONDENT TO ISSUE NOC FOR
CONSTRUCTION OF SCHOOL BUILDING IN R.S.NO.109/1
KANKRALI B.K VILLAGE, BELAGAVI, IN THE INTEREST OF
JUSTICE AND EQUITY & etc.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 102753 of 2022
ORDER
1. This writ petition is filed seeking for a direction to the respondent to issue a NOC for construction of a School Building in R.S. No.109/1 of Kankarali B.K. Village, Belagavi. A prayer is also made seeking for a direction to the respondent to consider the representations submitted by the petitioner, vide Annexures-G and K.
2. It is not in dispute that the petitioner was granted land by the respondent - authority in the year 2010. One of the terms of the grant was that the petitioner was to construct a building within a period of two years. However, the said condition has not been complied with by the petitioner and it is only in the year 2014, the petitioner sought for permission to construct the School Building.
3. It is stated that the respondent is refusing to issue a NOC on the ground that more than 10 years have elapsed since the allotment and the petitioner would not be entitled for issuance of a NOC.
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4. The petitioner contends that it is a Charitable Trust formed with an object of imparting education to Kannada Medium Students coming from poor background and social status.
5. This Court in W.P. No.11047/2014 while dealing with a similar situation regarding non-compliance of the condition to construct a building on a civic amenity site, has taken the view that it would be appropriate to grant an extra period of time for adhering to the conditions laid down in the allotment. No doubt, in the said case, the Court has held that the relief granted in the petition should not be treated as precedence and the order was being passed in the facts and circumstances of that particular case.
6. In my view, the petitioner has also made out a case for extension of time. The petitioner contends that it is imparting education to socially downtrodden Kannada medium students with nominal fees. He contends that due -4- WP No. 102753 of 2022 to this principle that they follow, it would be difficult for them to raise resources to complete the construction.
7. Learned counsel for the petitioner however submits that the petitioner is willing to give an undertaking that they will take up construction and complete the same within a period of three years from the date of approval granted by the authorities.
8. In view of the said undertaking, the petitioner is granted three years time from today to comply with the condition of completion of construction. It is stated that the plan for erecting the building has already been approved, but however, since NOC granted by the authority had lapsed, it has become necessary for the petitioner to approach the authority once again. In that view of the matter, the authority is directed to issue NOC within a period of one month from today and the petitioner shall thereafter start and complete the construction in accordance with the sanctioned plan within a period of three years from today.
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9. It is made clear that if there is a default by the petitioner in completing the construction within a period of three years from today, the authority would be at liberty to cancel the same. The petitioner would not be entitled claim any equity.
The writ petition is accordingly disposed off.
Sd/-
JUDGE Vnp* List No.: 1 Sl No.: 1