Karnataka HC on Thursday 30 th December said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board (KHB) before execution of the sale deed dated would invalidate and vitiate the said document.
A single judge bench of Justice S.R.Krishna Kumar in the case of Kadasiddeshwara S/O Gurunath Byakod v. The Principal Secretary, went through Section 33 of the Karnataka Housing Board Act 1962 and said, that A plain reading of the aforesaid provision will clearly indicate that prior to execution of any Sale Deed by a person in favour of the KHB, in respect of any property, having a value of more than Rs.10 lakhs, prior approval of the State Government is essential.
The court held that the impugned Sale Deed dated 23.08.2006 executed by the petitioner's father in favour of the respondent- KHB is hereby declared as null and void and directed to be cancelled.
The court also said that "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere ex-post facto approval dated 10.04.2013 would not have the effect of ratifying or validating the Sale Deed due to the inherent lacuna/defect in the document at the time of its execution".
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