Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Industrial Area Development Board Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Industrial Areas Development Act, 1966 (18 of 1966) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Industrial Area Development Board Regulations, 1969 - Allotment of industrial sites by appellant. Industrial Area Development Board - Application by respondents - Execution of lease-cum-sale agreement in favour of respondent - Fixation of final price by the Industrial Board - Thereafter, enhanced demand raised for payment of final allotment price - Writ petition by the respondents challenging the enhanced price dismissed - However, in writ appeal, the Division Bench of the High Court quashed the enhanced demands as proposed by the appellant - On appeal, held: Division Bench of the High Court correctly concluded that the fixation of final price by the Board was without authority of law and was violative of Article 14 of the Constitution - Even though the Clause 7(b) of the agreement gives the Board an undefined power to fix the final price, it would have to be exercised in accordance with the principle of rationality and reasonableness - Respondents have placed on record sufficient material to show that acquisition and development of land in the industrial area was made in phases - Thus, it cannot be said that all the allottees formed one class - Earlier allottees having sites in fully developed segments cannot be intermingled with the subsequent allottees in areas which may be wholly undeveloped - Also, once the allotment has been made, the Board cannot be permitted to exercise its powers of fixing the final price at any indefinite time in the future - Board sought to fix the final prize after a gap of 13 years which is not permissible - Constitution of India, 1950 - Article 14. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 273 |
Petitioner | Karnataka Industrial Areas Development Board & Anr. |
Respondent | Mis. Prakash Dal Mill & Ors. |
SCR | [2011] 5 S.C.R. 26 |
Judgement Date | 2011-04-06 |
Case Number | 5406-5445 |
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