Price of sold land can't be reduced as per later revision in allotment cost: Karnataka high court
Bengaluru: A person who was allotted land at a higher rate cannot seek a reduced rate in the wake of a change in the allotment cost, the high court has said.
Justice Suraj Govindaraj made this observation while dismissing a petition filed by Hadee Forging Private Limited, Bengaluru.
The company was allotted 2 acres of land by the KIADB at Jakkasandra Industrial Area, Malur taluk of Kolar district, at a price of Rs 1.4 crore per acre.
This was based on the meeting held on March 30, 2016. The company established the industry. Thereafter, they came to know that two other industries in the same area were allotted land at Rs 88 lakh per acre, based on the decision taken at the board meeting of KIADB on April 5, 2016.
They then approached KIADB, seeking a reduction in their allotment price, contending that they deserved equal treatment and citing losses. As the request was rejected, the company moved the high court.
Justice Suraj Govindaraj pointed out that the other two companies were involved in business logistics and hence stood on a different footing. Suffering losses cannot be a ground for reduction in the allotment rate.
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The allotment rate was the same for all allottees, the judge noted.
"The fixation of price is a policy decision to be taken by the state and its entities, regarding which this court cannot intervene. It is only the decision-making process of such price fixation that could be subject to judicial review and not the price fixed as such. In case the petitioner was allotted the land at Rs 88 lakh per acre and KIADB increased the price to Rs 1.9 crore a week thereafter, the board could not have asked the petitioner to pay the difference amount," the judge added.
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