H KASHINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal pertains to a plot of land situated within C.A. No. 19 in the Vth Block, Jayanagar, Bangalore City. The total measurement of the site which lies between 38th Cross Road and 42nd Cross Road is 298 mtrs. x 91 mtrs. The site is in two parts. The northern portion admeasures 91 mtrs. East to West and 165 mtrs. North to South. It lies between 38th Cross Road and the storm water drain. The southern portion lies beyond the storm water drain and stretches up to the 42nd Cross Road. The dispute relates to a piece of land admeasuring 91 mtrs. x 91 mtrs. in the southern portion of this site lying between 10th and 11th Main Road and facing 42nd Cross Road.

(2.) In the Comprehensive Development Plan framed under the Karnataka Town and Country Planning Act, 1961, which has been published under Section 23 of this Act, the northern portion of site No. 19 has been earmarked for a park and the southern portion is earmarked for a general purpose which is a public or semi-public purpose. We are concerned with the portion which is lying in the southern part of this site which is earmarked for a public or semi-public purpose.

(3.) At the request of the fourth respondent, namely, Karnataka Chalana Chitra Kalavindara Sangha, the Corporation of the City of Bangalore, second respondent herein, passed a Resolution dated 30-12-1983 resolving to grant the above plot admeasuring 91 mtrs. x 91 mtrs. to respondent No. 4 on a lease at an annual rent of Rs. 500/-. The Government of Karnataka accorded sanction for the same by its Order dated 10-5-1984 under which it granted approval for the lease for a period of 20 years on an annual lease rent of Rs. 750/- This was, however, modified by Government Order dated 5-10-1984 enhancing the period of the lease to 50 years and reducing the annual lease rent to Rs. 500/-. Accordingly, by a Deed of Lease dated 11th of May, 1986, the second respondent-Corporation granted to the fourth respondent a lease of the said plot for the purpose of building a theatre for the development of drama or films and in order to impart training to artists. The terms and conditions of the lease are set out in the Deed of Lease. The appellants before us, on coming to know of the said lease, filed a public interest writ petition before the High Court of Karnataka challenging the allotment of this plot of land to the fourth respondent. They contended that the said plot which is situated in the southern portion of site No. 19 is reserved for a public or semi-public purpose or for a civic amenity; and that granting of lease to the fourth respondent is not for the purpose for which the said site is earmarked under the Comprehensive Development Plan. The High Court, however, has rejected the writ petition. Hence the present appeal has come before us for consideration.