K SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners claiming to be residents of malleshwaram, Ward No. 5, Bangalore City contend that they have formed an association in the name 'malleshwaram Nagarika Hitarakshana verdike'. The grievance in the present petition is with regard to the order dated 22. 6. 2007 whereunder the property bearing No. 48, I main Road, malleshwaram measuring 150ft 60 ft is leased in favour of the 5th respondent for conducting its activities for a period of 30 years. The petitioners contend that the property in question was earlier leased in favour of a trust named 'lalitha Kala Shala', which is a social organization involved in the activities teaching the local children in various arts like drawing, painting, dancing etc. The said trust is not carrying on any activity and as such the second respondent-Bruhat Bangalore Mahanagara Palike ('bbmp' for short) has taken possession of the said property. The property in question is said to be a large extent with a small dilapidated structure and is the only lung space available to the residents of the locality. There is no other playground or park available to the residents for recreational activities and as such the said area is used by residents and children as a playground for sports activities and also for walk, exercise etc. In that circumstances, it is contended that if the said property is leased to the 5th respondent and the construction is put up, it would prejudice the petitioners as well as the other residents of the area, as they would be deprived of the open space.

(2.) THE respondents have filed separate objection statements justifying their stand. The common stand of the respondents is that the property was never reserved as a playground or as an open space. The very fact that the property was earlier leased in favour of 'lalitha Kala Shala' would indicate that the property in question was available to be leased. Accordingly, the property had been leased in favour of the Lalitha Kala shala under an agreement dated 6. 12. 1949. Since the Trust had not carried on any activity, action was initiated for violation of terms and the competent officer by order dated 3. 2. 2006 directed the Trust to vacate the premises. Thereafter proceedings had been initiated in accordance with the provisions of Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 and possession has been taken in accordance with law. Subsequently respondent No. 2 has placed the matter for permission in accordance with the procedure and a resolution dated 3. 5. 2007 was passed approving the proposal to lease the same in favour of respondent No. 5. The State government has also accorded sanction by Government Order dated 22. 6. 2007 and the modified order dated 11. 7. 2007 with regard to the matter of payment of annual rent. The lease deed dated 20. 7. 2007 is also executed in favour of the 5th respondent. A document dated 15. 9. 2004 is also relied on to indicate that other major political party has been allotted land in a similar fashion. The manner of fixation of the lease rental is also stated. The contention of the petitioners that the same was being used as a playground is denied and it is contended that a playground belonging to bbmp is available within a distance of about 100 meters from the property in question. For the said reasons, the dismissal of the petition is sought.

(3.) INSOFAR as the fifth respondent, apart from denying the case of the petitioners and justifying the action of the respondents in allotting the land to the 5th respondent, they have also stated with regard to the nature of the activity and also the manner in which the land in question would be put to use. The said respondent has also explained with regard to the allegation that they possess other premises and has pointed out that the same belongs to another Trust and was being used by 5th respondent and that the said premises is insufficient for their activities and as such the present premises is very much necessary.