The Karnataka High Court quashed the show-cause notice issued by Mysore Urban Development Authority (MUDA) asking Arogya Yoga firm for not constructing a building on the allotted site within the specified two-year period. The state government issued a fresh sale deed in favour of the petitioner and termed the authority’s action as abuse of power.
MUDA allotted a site to the partnership firm Arogya Yoga on September 13, 1989.
As the petitioner firm did not construct a building within the specified period the allotment was cancelled on January 13, 2009.
However, the government again allotted the site to the petitioner on February 27, 2009 even as the writ petition filed by him challenging the cancellation of the allotment was pending before the court. However, when the petitioner began constructing a building in 2011, MUDA filed a police case and stopped the construction work.
MUDA then issued a show-cause notice to the petitioner. Thereafter, a writ petition was filed in the court challenging this notice. Judge H N Nagamohan Das quashed the notice and observed that MUDA did not have authority to issue the notice after the fresh sale deed was executed by the government.