GOVERNMENT LAND RECOVERY AT PATTANDUR AGRAHARA, SURVEY NO.42, HIGH COURT PROVIDES OPPORTUNITY TO PRESTIGE


IN A REGULAR SCENARIO, THE PRESTIGE BUILDERS APPROACHED THE HIGH COURT OF KARNATAKA WITH A PRAYER THAT THEY HAVE NOT BEEN GIVEN OR PROVIDED AN OPPORTUNITY TO SUBMIT THEIR VIEWS AND OBJECTIONS TO THE RECOVERY OR THE RECOVERY PROCEEDINGS OF THE DISTRICT ADMINISTRATION AND THE HONOURABLE HIGH COURT OF KARNATAKA, HAS DIRECTED THE STATE AND THE DISTRICT ADMINISTRATION TO MAINTAIN STATUS QUO AND REMANDED THE CASE BACK TO DEPUTY COMMISSIONER`S COURT FOR AN  HEARING.

THIS ORDER DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST NOR THE POSSESSION TO THE PRESTIGE GROUP.  IT IS ONLY AN OPPORTUNITY TO SUBMIT THEIR VIEWS AND DOCUMENTS. THE STATE AND DISTRICT ADMINISTRATION HAS TO SCRUTINISE THE DOCUMENTS, HEAR THE SUBMISSIONS AND THEN DECIDE THE CASE ON MERITS.  

THE GOVERNMENT ALLOTTED THE LAND TO THE KIADB, SPECIFICALLY STATING THAT THE LAND MUST BE USED ONLY FOR INDUSTRIAL, ESPECIALLY FOR THE MANUFACTURE OF ICE CREAMS AND THE KIADB ALLOTTED THE LAND TO JOY ICE CREAM FOR THE SAME PURPOSE, INSTEAD OF CONTINUING THE INDUSTRY, THE JOY ICE CREAM MANAGEMENT, VIOLATED AND SOLD THE SCHEDULE PROPERTY TO PRESTIGE GROUP.  THOUGH, THE SALE DEED DOES NOT STATE THE PURPOSE OF THE ALLOTMENT, BUT, UNDENIABLY, IT CANNOT BE USED FOR ANY OTHER PURPOSE THAN FOR THE MANUFACTURE OF ICE CREAMS.  THE SELLER(JOY ICE CREAMS) CONCEALED THE FACTS AND VIOLATED THE ALLOTMENT CONDITIONS, UNDER THE PROVISIONS OF THE KIADB ACT, THE STATE HAS THE POWER TO RETRIEVE OR RECOVER OR TAKE OVER THE LAND, IF IT EVER VIOLATES ANY OF THE CONDITIONS OF THE ALLOTMENT.

THE LAND WAS ALLOTTED AND LEASE DEED WAS EXECUTED IN FAVOUR OF THE JOY ICE CREAMS WITH A CLEAR CONDITION THAT THE LAND MUST BE USED FOR INDUSTRIAL PURPOSE AT VERY LOW PRICE, WITH A CONDITION THAT 80% OF THE JOB MUST BE ENSURED TO KANNADIGAS AND THE LEASE PERIOD IS FOR A SPECIFIC PERIOD AND AFTER THE COMPLETION OF THE LEASE PERIOD, BASED ON THE DOCUMENTS SUBMITTED BY THE JOY ICE CREAM, REGARDING THE COMPLIANCE OF ALL THE CONDITIONS, THE KIADB, EXECUTED AN ABSOLUTE SALE DEED IN FAVOUR OF JOY ICE CREAM.  

JOY ICE CREAM SOLD THE PROPERTY TO PRESTIGE BUILDERS HIDING THE FACT THAT THE LAND ALLOTTED IS FOR INDUSTRIAL USE AND THE DEVELOPER CONCEALING THE FACT AND HIDING THE ALLOTMENT CONDITIONS TO THE PLANNING AUTHORITIES OBTAINED A BUILDING PLAN FOR MULTI-STOREY APARTMENT COMPLEX, AS THE SAID LAND WAS IN RESIDENTIAL ZONE.  IN THE SAME MANNER OBTAINED NOC FROM BESCOM FOR POWER SUPPLY AND NOC FROM LOCAL/BWSSB FOR WATER SUPPLY, NOC FROM FIRE AND EMERGENCY SERVICES, AAI, BSNL AND OTHER STATUTORY BODIES.

CONCEALING AND HIDING THE FACTS AND MISREPRESENTING THE FACTS BEFORE THE PLANNING AUTHORITIES AND OBTAINING PERMISSION IS ILLEGAL AND ALL SUCH APPROVALS AND LICENSES STANDS AUTOMATICALLY CANCELLED AS SOON AS IT IS DISCOVERED OR FOUND OUT.  THE DISTRICT AND STATE ADMINISTRATION CAN INITIATE BOTH CRIMINAL AND CIVIL PROCEEDINGS IN THE APPROPRIATE FORUM AND PENALISE THE OFFENDERS OR THE VIOLATORS.

LET US WAIT AND SEE!!!

THE BUYERS ARE TOLD THAT THE BUILDERS HAVE APPROACHED THE HIGH COURT AND THE COURT HAS STAYED THE ORDERS OF THE DEPUTY COMMISSIONER.  YES. BUT THE CASE IS REMANDED TO THE DEPUTY COMMISSIONER FOR PROVIDING AN OPPORTUNITY TO THE PRESTIGE GROUP TO SUBMIT THEIR VIEWS AND DOES NOT REVERT THE DC ORDERS.  

THE BUILDERS WILL PREFER AN APPEAL BEFORE THE HIGH COURT OR THE SUPREME COURT DEPENDING UPON THE ORDER OF THE DEPUTY COMMISSIONER, BUT WHAT ABOUT THE FATE OF THE BUYERS???? 

THE BUYERS MAY GET THIS KIND OF RESPONSE:

DO NOT WORRY, WE ARE VERY POWERFUL AND OUR CASE IS VERY STRONG AND WILL WIN. WHEN? HOW?

THE CASE IS IN HIGH COURT/SUPREME COURT AND WILL WIN, WHEN AND HOW?

ANOTHER HIGH END LAYOUT IN WHITEFIELD MAY ALSO FEEL THE HEAT, BUT NOT SO SOON, AS THE CASE IS ALREADY IN THE COURTS.

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