INDIAN GYMKHANA A SOCIETY REGISTERED UNDER SOCIETIES REGISTRATION ACT Vs. STATE OF KARNATAKA DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

JUDGEMENT

(1.) The petitioner in the above writ petition has sought for writ of certiorari to quash the impugned order/proposal made by the 2nd respondent - Additional Chief Secretary made in No.UDD 299 MNG 2015 as per Annexure-A and declare that Respondent Nos.1 to 3 have no power and authority to interfere with the right and interest of the petitioner - Association in the light of the lease deed dated 14.12.2010 executed in favour of the petitioner in terms of the Government Order dated 7.5.2010.

(2.) It is the case of the petitioner - Indian Gymkhana that it is an Association formed in the year 1931 for promoting sports activity. The erstwhile Bangalore City Municipality has leased 4 acres 28 guntas of land situated at Wheelers Road, Cox Town, Bangalore to the petitioner - Association for a period of 5 five years in the year 193 Subsequently on 14.11937, the lease was renewed for a further period of five years. On 15.11954, the lease period was extended for a further period of 15 years. Likewise, the lease period was further extended by five years on 29.8.1969. On 8.1978, the period of lease came to be extended for a further period of 35 years w.e.f 20.3.1973. Thereafter, the Commissioner, Bangalore City Corporation considering the request made by the petitioner accorded permission to put up additional construction on the land leased on 28.1978. Subsequently, the petitioner approached the Corporation in the year 1991 with a detail construction plan for construction of Sports Complex in the area leased. The said request of the petitioner was not considered by the Corporation. Thereafter the petitioner approached the State Government. On 9.1993, the State Government by its letter directed the Corporation Commissioner to grant approval to the plan submitted by the petitioner. Accordingly, the Bengaluru City Corporation has sanctioned the plan for construction of the Sports Complex on 10.1993. After obtaining the sanctioned plan, the petitioner - Association commenced the construction of the Sports Complex and the construction was completed in the year 1994 and in the said Sports Complex, the petitioner - Association has accommodated indoor games such as Badminton, Billiards, Snooker, Table Tennis and Carom.

(3.) It is further case of the petitioner that the State Government by an order dated 16.11.1994 confined the lease of land to an extent of 1 acre 4 guntas as against 4 acres 28 guntas. Therefore the petitioner was constrained to file Writ Petition No.34586/1994 before this Court. This Court by an order dated 16.4.2003 allowed the writ petition holding that the State Government has no power to limit the extent of land leased by altering the terms of the lease. Ultimately, the petitioner - Association filed Special Leave Petition before the Hon'ble Supreme Court. The Hon'ble Supreme Court by an order dated 15.12.2005 allowed the Civil Appeal No.4116/2003 observing that the order passed by this Court does not take into consideration the provisions of Section 176 of the Karnataka Municipal Corporations Act, 1976.