M/S Perk Inn International Ltd. v. Karnataka Industrial Areas Developm
Case brief
What is this about?
Keywords: KIAD Act 1966; Sections 34-B(1), 34-B(2), 34-B(3), 34-B(4) resumption of allotted industrial plot; Section 28(8) vesting; KIADB allotment; lease-cum-sale agreement; supplementary agreement; Electronic City 2nd Phase, Bengaluru South Taluk; Hotel and Resort Project; Integrated Infrastructure Development Project; SHLCC approval 24.01.2011; SLSWCC; NHAI acquisition for NH-7 widening; W.A. No. 1912/2007 settlement; LAC No. 44/2023 reference petition; W.P. No. 21984/2004; W.P. No. 940/2023; W.P. No. 31907/2011; laches / stale claim; writ of mandamus not sought; Article 226 certiorari; Plot Nos. 2 and 32; 16 acres 22¾ guntas; INR 2,67,73,700 NHAI compensation; INR 28,53,13,738 claimed expenditure; compensation direction against KIADB. Result: writ petition dismissed with compensation directions to respondent No. 2.
What did the court decide?
Petition dismissed; however, respondent No. 2 (KIADB) was directed to award compensation to the promoter of the petitioner for the 11 acres 15¾ guntas of land in Plot No. 32 acquired by KIADB, in accordance with law, and, subject to the outcome of the reference petition in LAC No. 44/2023 before the VI Addl. District and Sessions Judge, Bengaluru Rural District, to compensate the legal costs incurred by the petitioner in arriving at the amicable settlement with NHAI in W.A. No. 1912/2007 (D.D. 26.08.2009).