The suit regarding the industrial land in survey no.42, pattandur Agrahara, allotted to Joy Ice Cream for industrial purpose at a very cheaper rate by the Government with a condition that the allotted land MUST ONLY BE USED FOR INDUSTRIAL PURPOSE, the said property was sold to prestige group, and the builder obtained the sanction of building plan and began the construction. In the meanwhile, the STF discovered the discrepancy and recommended that the land be vested with the state as it had violated the conditions of sale. The Deputy Commissioner, Bangalore District, resumed the said property.
The builder approached the court and as usual obtained a stay order ( the simple strategy of the builders to hoodwink the investors and buyers) to the said resumption. Mr.Hiremutt, a social activist, fighting many such cases, is said to have issued a paper statement, which the high court felt it as derogatory and summoned Mr.Hiremutt.
This subject will reach the apex court soon.
But, the investors and the buyers have to be satisfied that there is a STAY ORDER and there are no answers for:
1). Whether the property allotted by the state specifically for the industrial activity be used for other purposes?
a). The land acquired from poor farmers at throwaway prices and allotted to the industries with all facilities, so that the industries generate employment, use the locally available natural resources, consume the electricity, generate revenue to the Government in the form of VAT, Excise, Service Tax, Professional Tax and Income Tax. The intention of the state to provide land and infrastructure is for the development and not for the profit of a group by selling the land thus allotted.
b). The builder MUST have obtained NOC for the change of land use from KIADB, but might have not obtained the same.
c). The change of land use condition need not be specified at all as it is implied.
d). It is crystal clear that the builder has violated and also obtained the building plan without obtaining the NOC from KIADB and BDA`s role in the sanction of the plan must be investigated.
2). Filing of Writ Petition will not entitle or grant the right, title and interest to the plaintiff. It will be conferred only by the decree of the court. Hence, the consoling words like, the subject matter is in the court, does not have any validity at all.
The affected investors and buyers are sitting in the corner of their home, cribbing and crying, watching the episode without a murmur.
There are some more like this. The skeletons will tumble out one by one.