M K BALAKRISHNAN Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The grievance made by the petitioners in these writ petitions are in relation to the Bangalore Turf Club property and an alternative land granted in favour of the Club and seeking relief of protection of horses. Therefore, they are clubbed, heard together and are disposed of by this common order by consent of the learned Counsel for the parties.

(2.) Petitioner-Bangalore Turf Club in W. P. No. 30663/2009 is a company registered under the provisions of the Companies Act, 1956. It is running a race club in the properties originally bearing Sy. Nos. 40 to 45, 46 & 47 of Mallenahalli and now bearing Municipal Nos. 52, 52A and 5 IB of Division No. 44, Race Course Road, Bangalore. In this writ petition, petitioner-Club is challenging the action of the State Government in trying to evict it from the premises and is seeking various reliefs including a writ in the nature of declaration to declare that the grant made vide Government Order dated 07.05.1915 Annexure-F is an absolute grant covered by the Government Grants Act, 1895 and that the lease deeds executed on 21.12.1983 and 26.07.2008 vide Annexures-M & P by the State Government in favour of the petitioner are of no legal effect and, therefore, the Government shall not take any coercive steps to resume the land. Notices issued by the Executive Engineer, Roads and Buildings Special Division, Bangalore, calling upon the petitioner to vacate and hand over possession of the property in question upon the expiry of the lease period are also challenged.

(3.) By way of amendment to the writ petition, alternative reliefs seeking a declaration that the State Government has an obligation to provide adequate alternate land, in the event the petitioner has to vacate the schedule property and shift its activities and for a consequential direction to make available a suitable land for shifting the activities providing 4 years' time from the date of handing over possession of alternate land is also sought. A direction is also sought against the State Government to provide compensation/incentives/ financial assistance in any form including tax exemptions, tax holidays, tax deferrals for a minimum period of seven years from the date of taking possession of suitable alternate land allotted by the respondent so as to raise financial resources to shift its racing and allied activities from the schedule property.