<p>Bengaluru: The high court has said that when public property is allotted for a specified purpose and that purpose remains unaccomplished, the retention of such allotment militates public interest. A division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit said this while upholding the cancellation of allotment of a civic amenity site by the Karnataka Housing Board (KHB).</p>.<p>The KHB had allotted a civic amenity site to Divyajyothi Vidya Kendra at Yelahanka satellite town in 2003 and on November 20, 2005 and a conditional sale deed was executed after the allottee paid around Rs 60.2 lakh. The condition was that the allottee was required to construct the school building within a period of five years and allotment would stand cancelled in case of failure to do so. </p>.<p>On October 17, 2018, the KHB cancelled the allotment stating that the allottee had failed to adhere to the conditions in the sale deed. Divyajyothi Vidya Kendra had moved the high court against the cancellation and on July 4, 2023, a single bench dismissed the petition. In the order, the single judge had also pointed out that the allottee had also failed to pay the rent in respect of another civic amenity site, granted on the outskirts of Nelamangala town. This CA site was granted for running an old age home.</p>.Karnataka HC allows state govt to proceed with primary teachers’ recruitment.<p>In its appeal challenging the single judge order, Divyajyothi Vidya Kendra argued that because of “shortage of funds and unavailability of loans or credit,” the school building could not be constructed though BBMP had issued the khata. It was further claimed that the construction had started and they would complete the work in a couple of months.</p>.<p>The division bench however noted that a public property in the form of a civic amenity site was granted for setting up of an educational institution and remained unutilized for close to two decades. “As a consequence, the right to education of those who would have studied, should the school or educational institution was established in this site in terms of stipulation of allotment, has been brutalized, to say the least,” the bench said.</p>.<p>The bench also noted that since KHB is created under the statute, the Karnataka Housing Board Act, the allotment of sites and execution of sale deeds are done in terms of statutory policy and not as a private arrangement. The bench also said that a submission that the construction would be completed within a month or two is nothing but an unconstitutional afterthought. The division bench has directed the allottee to deliver back the possession of the site in question in an ‘as is where is’ condition and the KHB to refund the balance amount to the appellant after determining the forfeiture amount.</p>
<p>Bengaluru: The high court has said that when public property is allotted for a specified purpose and that purpose remains unaccomplished, the retention of such allotment militates public interest. A division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit said this while upholding the cancellation of allotment of a civic amenity site by the Karnataka Housing Board (KHB).</p>.<p>The KHB had allotted a civic amenity site to Divyajyothi Vidya Kendra at Yelahanka satellite town in 2003 and on November 20, 2005 and a conditional sale deed was executed after the allottee paid around Rs 60.2 lakh. The condition was that the allottee was required to construct the school building within a period of five years and allotment would stand cancelled in case of failure to do so. </p>.<p>On October 17, 2018, the KHB cancelled the allotment stating that the allottee had failed to adhere to the conditions in the sale deed. Divyajyothi Vidya Kendra had moved the high court against the cancellation and on July 4, 2023, a single bench dismissed the petition. In the order, the single judge had also pointed out that the allottee had also failed to pay the rent in respect of another civic amenity site, granted on the outskirts of Nelamangala town. This CA site was granted for running an old age home.</p>.Karnataka HC allows state govt to proceed with primary teachers’ recruitment.<p>In its appeal challenging the single judge order, Divyajyothi Vidya Kendra argued that because of “shortage of funds and unavailability of loans or credit,” the school building could not be constructed though BBMP had issued the khata. It was further claimed that the construction had started and they would complete the work in a couple of months.</p>.<p>The division bench however noted that a public property in the form of a civic amenity site was granted for setting up of an educational institution and remained unutilized for close to two decades. “As a consequence, the right to education of those who would have studied, should the school or educational institution was established in this site in terms of stipulation of allotment, has been brutalized, to say the least,” the bench said.</p>.<p>The bench also noted that since KHB is created under the statute, the Karnataka Housing Board Act, the allotment of sites and execution of sale deeds are done in terms of statutory policy and not as a private arrangement. The bench also said that a submission that the construction would be completed within a month or two is nothing but an unconstitutional afterthought. The division bench has directed the allottee to deliver back the possession of the site in question in an ‘as is where is’ condition and the KHB to refund the balance amount to the appellant after determining the forfeiture amount.</p>