IN THE HIGH COURT OF KARNATAKA AT BANGALORE
I.A.NO /2014
WRIT PETITION NO 102474-81/2013
(ORIGINAL JURISDICTION)
BETWEEN:
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1. M/S ABC INDUSTRIES & ORS ITS PROPRIETOR, K. G xyz S/O BCD AGED ABOUT 32 YEARS, OCC. CIVIL ENGINEER, R/O RAICHUR DIST. RAICHUR |
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2. M/S CDE BRICKS INDUSTRIES R/BY PROPRIETOR, KRISHNAREDDY S/O LATE DEF, AGED ABOUT 57 YRS, OCC. BUSINESS, NEAR FED TEMPLE, CITY TALKIES ROAD, RAICHUR |
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3. M/S EFD INDUSTRIES, BY ITS MANAGING PARNTER, PANCDEF SON OF DEF, AGED ABOUT 39 YRS, OCC. BUSINESS BEHIND BANDARI HOSPITAL GUNJ ROAD, RAICHUR |
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4. M/S MDC SCIENCE INDUSTRY S/O D. HEF AGED ABOUT 40 YRS, OCC. BUSINESS R/O FLAT NO.00, SRI. GEF NAGARJUNA ENCLAVE ROAD, MIYAPUR HYDERABAD |
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5. M/S RND R/BY S/Q QRS, AGED ABOUT 42 YRS, OCC. BUSINESS R/O FLAT NO.00, SRI. VENKATESHWARA TOWNERS, MIG-2, SECTOR, MVP COLONY VISHKAPATNAM |
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6. M/S POQ CHEMICALS S/O N. GEF, AGED ABOUT 44 YRS, OCC. BUSINESS, PLOT NO. 00/A, ADHITYA NAGAR KUKAPALLY HYDERABAD |
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7. M/F CED LABS S/O M. QOP AGED ABOUT 41 YRS, OCC. BUSINESS, R/O RAICHUR |
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8. M/S NPT S, AGE 32 YEARS OCC. PROPRIETOR, R/O RAICHUR |
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AND:
1. THE STATE OF KARNATAKA & ORS & INDUSTRY BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE |
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2. KARNATAKA INDUSTRIAL AREAS DEV LOPMENT BOARD, COMMITTEE, R/BY PRINCIPAL SECRETARY TO GOVERNMENT OF COMMERNCE & INDSUTRIES, KHANIJA BHAVAN, RACE COURSE ROAD, BANGLORE |
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3. THE CHIEF EXECUTIVE OFFICER AREAS DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE |
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4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD ZONAL OFFICE, 1ST PHASE, KAPNOOR INDUSTRIAL AREA, RAICHUR, BY ITS DEPUTY DEVELOPMENT OFFICER, RAICHUR |
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5. THE DEPUTY COMMISSIONER |
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6. THE JOINT DIRECTOR CENTER RAICHUR |
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7. S SURANA INSTRIES INDUSTRIAL AREA, GUNJ ROAD, RAICHUR,. BY ITS MANAGING PARTNER/DIRECTOR |
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AND: M R PROTECH PRIVATE LIMITED REP BY ITS MANAGING DIRECTOR MR CED No. 10, CMC Complex, BCH Road, Rajarajeshwari Nagar, Bangalore, IMPLEADING APPLICANT |
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MEMEORANDUM OF APPLICATION FOR VACATING THE INTERIM ORDER DATED 08/08/2013
- It is submitted that the above petition has been filed challenging resolutions dated 15/09/2012 in Addl. Subject No. 2, File No 00 (Eng.Sec) and Addl.Subject No 8, File No JDTP 00 passed by the Respondent No 2 and further to cancel the allotment of land made for formation of a housing layout for the benefit of the employees of 7th respondent and also for a mandamus directing the respondents to allot the lands to the petitioners in the Industrial Growth centre, Raichur.
- It is submitted that the present petition is filed stating/alleging that the petitioners had made applications to the third respondent seeking allotment of industrial lands and that the single window agency had approved and recommended for allotment of lndustrial lands in favour of these petitioners but, however the respondent-KIADB without allotting the lands to them has gone ahead and allotted lands for the formation of a Housing Layout, for industrial employees, at Raichur Growth centre without acting upon the recommendation of the single window agency. It is submitted that the lands now allotted is meant for residential purposes and the same could not have been allotted for industries purposes; as such the said lands could not have been allotted to the petitioners or other similarly placed persons.
- It is submitted that the respondent has passed one more Board resolution as produced at Annexure R-5 by the third respondent; as such allegation of respondents trying to cater to the needs of one particular industry is mis conceived. That, the employees of all the industries at Raichur growth centre are set to be benefitted by the formation of the said Housing Layout
- That, in the above writ petition this Hon’ble court has vide its order dated 8th Aug 2013 was pleased to grant an interim order staying all further proceedings pursuant to resolution/proceedings dated 15/09/2012 at Annexure D to the writ petition.
- It is submitted that that the applicant was one of the participants in the tender proceedings pursuant to the tender notification published in English daily news paper `Deccan Herald` and Kannada daily news paper `Prajavani` in the month of Feb 2013
- It is submitted that tender of the applicant came to be accepted by the respondent-KIADB for formation of housing layout (Portion of) which includes formation of Roads, bridges, culvers, storm water drains, providing water supply lines, sanitary lines etc amongst other works involved in formation/establishment of housing layout at Raichur.
- It is submitted that pursuant to the acceptance of the tender of the applicant company, the applicant company was given the work order vide communication dated 15/03/2013 issued by the 3rd respondent- KIADB with certain conditions.
- It is submitted that one of the conditions imposed upon this applicant company by 3rd respondent-KIADB is to complete the work by 00/00/2014 as per condition No 2 of the work order. Copy of the work order issued in favour of the applicant company is herewith produced as Annexure R-1.
- It is submitted that immediately thereafter i,e after issuance of the Work order the, applicant company which was ready with its Labour force commenced the work starting with jungle cutting, clearing of the debris, layout marking, construction of dwelling houses, overhead tanks, water storage sumps and formation of roads.
- The applicant company as per its tender and also as per the work order issued by the respondent-KIADB; was required to construct 85 houses and hand it over to the respondent-KIADB within the time stipulated as per the work order. That this applicant company has till now put up contruction uptill the roof level in respect of more than 50 houses and has laid the foundation in respect of remaining 35 houses
- It is submitted that the, applicant company has already spent around 10 crores on the said housing project after being awarded with the Tender; it is respectfully submitted that the granting of the Interim order by this Hon’ble court and the continuation of the same has severely affected the progress of this applicant company. It is stated that applicant company has not received any payments for the work carried out though they have completed work valued at Rs.11 crores as per respondent-KIADB
- It is submitted that, more than 300 labourers hired on contract basis are sitting idle; that the machinery either bought or taken on lease are stationed idle for the last more than 6 months and the applicant company has been bearing the expenses of maintaining the said labourers and machinery amounting to the tune of more than Rs.12 Lakhs per month ..
- It is submitted that in the above narrated circumstances the applicant company has been incurring huge financial losses due to the stay of all further proceedings pursuant to Annexure D resolution which includes the work order issued/granted in favour of this applicant.
- It is submitted that with all earnest and genuine intention the work for formation of a Housing layout for the benefit of employees of various industries situated at Raichur growth centre, Raichur, came to be started and carried out by the applicant company pursuant to the resolution dated 27/12/2012 passed by the third respondent-KIADB on the land meant for residential usage only. Hence, in the circumstances the filing of this petition is mis conceived and un-called for as, even otherwise the said lands could not have been allotted to the petitioners, since, the same are meant for residential purposes.
- It is further submitted that due to the unfinished nature of work the building/structure is getting damaged/ruined which would not be beneficial to either of the parties to the present proceedings more so when the housing project is meant for the benefit of industrial employees falling in the bracket of Lower Income Group (LIG),Middle Income Group (MIG) and Higher Incoem Group (HIG).
- It is submitted that Petitioners with an oblique motive of trying to arm twist the respondent-KIADB in making immediate allotment of industrial lands to them have filed this writ petition by making false representations .
- It is submitted that the interim order granted by this Hon’ble Court has stalled all further work and thereby the handing over of the constructed residential houses to the beneficiaries has got delayed resulting in undue prejudice to the industrial employees entitled to the said houses. Hence, this application is being made seeking vacation of the interim order. No hardship would be caused to the petitioner if interim order is vacated.
- This respondent craves liberty to file detailed statement of objection to the main petition
WHEREFORE, it is most respectfully prayed that this Hon’ble Court be pleased to vacate the interim order granted by this Hon’ble Court on 08.08.2013 and…………, in the interest of justice and equity.
