MAHILA SAMAJA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner, which is a registered society had obtained a lease under a registered Lease Deed dtd. 19/3/2016 at Annexure-U at the hands of respondent No.3-City Municipal Council, Kolar, for the purpose of establishing and running a school in the schedule premises measuring around 13,090 sq.ft. The lease was granted for a period of 12 years.

(2.) However, the Deputy Commissioner, Kolar, passed the impugned order dtd. 5/12/2018 at Annexure-V cancelling the Lease Deed on the ground that the lease granted in favour of the petitioner is in contravention of the provisions contained in Sec. 72 of the Karnataka Municipalities Act, 1964 (for short 'the Act'). The Deputy Commissioner held that the sub-sec. (2) of Sec. 72 empowers the Municipality to grant lease for a period not exceeding 5 years. It was held that prior sanction of the Government was required to be obtained if lease is exceeding a period of 5 years and no such sanction was obtained from the Government.

(3.) Learned Additional Government Advocate has pointed out from the impugned order that the matter was discussed in the Council of the Municipality and objections were raised by many of the Councilors that the lease should not have been granted for a period of 12 years. Learned Additional Government Advocate submits that based on the resolution said to have been passed in the Municipal Council, the Deputy Commissioner has proceeded to pass the impugned order. It is also pointed out that the Lease Deed is unregistered.