Turbulent times ahead for racing in Bangalore
Turbulent times for racing in Bangalore
The Bangalore Turf Club has decided to approach High Court to prevent it being evicted from the existing premises at the expiry of the lease period on December 31, 2009. The BTC land is under Public Works Department. The government agency has been sending several reminders to the club to comply with the order.
The turf club had apparently got some respite when Chief Minister Yeddyurappa had assured a delegation of the turf club sometime back that he would extend the lease by six months and further extension would be considered depending on the progress shown at the newly allotted land. Things soured after public interest litigation at Supreme Court resulted in the stay of transfer of land at Chikkajala to Bangalore Turf Club. Chief Minister Yeddyurappa is reportedly upset and is inclined to believe that the petition at the Supreme Court had come about with club’s consent and active participation.
There is a school of thought in turf club that is of the view that as per the records available with the State archives, the land belongs to the club as it was given in exchange for the land at Agaram which was vacated to the military. As per the sanction order, the turf club had the right over the land as long as it conducted racing activities.
The turf club put itself in serious trouble by signing two lease agreements, the last one as late as last year, which effectively shuts outs all its chances in a court of law as felt by some legal luminaries.
However, one of the senior counsels that the BTC has approached has said that the club can contest the issue with the government in view of the enquiries conducted on behalf of the club with the State archives and documents which have now been obtained that shows that there was pre-existing title to the lands presently occupied by the club and that the Agreements of 1923, 1983 and 2008 were executed in ignorance of the same resulting in a common mistake by the parties. Therefore the club has been advised to challenge the same and seek a declaration as to the voidness of these agreements.
One another senior counsel has opined that BTC is on weak ground and that the club should not fight the issue on ownership of land but on equity and justice.
The Special General Body Meeting of the Bangalore Turf Club had directed the managing committee to approach the court to pre-empt government’s action. The same opinion was echoed at a meting convened by the BTC Managing Committee on Wednesday and which was attended by former Chairman of BTC, and representatives of Karnataka Racehorse Owners Association, Karnataka Trainers Association, Racecourse Employees Association and the Jockeys Association of India.
Though the turf club has been making attempts to get an audience with the Chief Minister they have failed. Interestingly, the government which always played a role in indicating its preference of Chairman from among the elected Stewards, kept away this year when the new chairman was installed at the fag end of September.
The Chief Minister’s silence has spelt trouble for racing in Bangalore.
Despite optimism expressed by several bodies associated with the running of the sport, there is fear that racing is in for troubled times. The Bangalore Winter Season is due to begin on November 6.
The Bangalore Turf Club has decided to approach High Court to prevent it being evicted from the existing premises at the expiry of the lease period on December 31, 2009. The BTC land is under Public Works Department. The government agency has been sending several reminders to the club to comply with the order.
The turf club had apparently got some respite when Chief Minister Yeddyurappa had assured a delegation of the turf club sometime back that he would extend the lease by six months and further extension would be considered depending on the progress shown at the newly allotted land. Things soured after public interest litigation at Supreme Court resulted in the stay of transfer of land at Chikkajala to Bangalore Turf Club. Chief Minister Yeddyurappa is reportedly upset and is inclined to believe that the petition at the Supreme Court had come about with club’s consent and active participation.
There is a school of thought in turf club that is of the view that as per the records available with the State archives, the land belongs to the club as it was given in exchange for the land at Agaram which was vacated to the military. As per the sanction order, the turf club had the right over the land as long as it conducted racing activities.
The turf club put itself in serious trouble by signing two lease agreements, the last one as late as last year, which effectively shuts outs all its chances in a court of law as felt by some legal luminaries.
However, one of the senior counsels that the BTC has approached has said that the club can contest the issue with the government in view of the enquiries conducted on behalf of the club with the State archives and documents which have now been obtained that shows that there was pre-existing title to the lands presently occupied by the club and that the Agreements of 1923, 1983 and 2008 were executed in ignorance of the same resulting in a common mistake by the parties. Therefore the club has been advised to challenge the same and seek a declaration as to the voidness of these agreements.
One another senior counsel has opined that BTC is on weak ground and that the club should not fight the issue on ownership of land but on equity and justice.
The Special General Body Meeting of the Bangalore Turf Club had directed the managing committee to approach the court to pre-empt government’s action. The same opinion was echoed at a meting convened by the BTC Managing Committee on Wednesday and which was attended by former Chairman of BTC, and representatives of Karnataka Racehorse Owners Association, Karnataka Trainers Association, Racecourse Employees Association and the Jockeys Association of India.
Though the turf club has been making attempts to get an audience with the Chief Minister they have failed. Interestingly, the government which always played a role in indicating its preference of Chairman from among the elected Stewards, kept away this year when the new chairman was installed at the fag end of September.
The Chief Minister’s silence has spelt trouble for racing in Bangalore.
Despite optimism expressed by several bodies associated with the running of the sport, there is fear that racing is in for troubled times. The Bangalore Winter Season is due to begin on November 6.
Respected Sharn Kumar
ReplyDeleteGreetings, it is nice of you to give a glimpse of what is going on in the club.
i have few nagging doubts about what is written about
why should there be doubt about racing.
since the govt is not able to allot land,
how the race course can be shifted.
the supreme court orally given an instruction to the Govt of karnataka not to transfer the lake bed to the race club, till the court comes out with final verdict on this issue
in view of this the Govt of karnataka can not do any transfer of the chikjala lake bed land
the Govt of Karnataka especially the BJP ruled govt taken this as an ego issue.
it is heard in the race course some members especially the ex office bearers are were to benefit of this transaction.
it is still a hearsay.
People paint lot.
so i am not giving much respect to this thoughts that are floating in the race course.
leaving aside this
what are the options for the race club except to approach the court.
it is preemptive strike
to safeguard in the interest of racing.
it is not easy task to build a new race course
it needs lots of money
the club i am sure does not have that huge money unless until the govt gives tax concession or some big industrial has to spare money with out any in interest.
the land has to be given for constructing the new race course
it will take at least 4 to 5 yrs
to build
what is the urgency in taking this land out of BTC
there will be lot of P.L before the court.
first the land is should be free from any concrete jungle.
already Bangalore is polluted,
especially city area, majestic it is not a good idea to construct tall buildings in the existing race course ground.
The govt is really interested in taking over the land
they should provide
alternative place with lease period of minimum 75yrs
and tax holiday to BTC
in the end it is public who will be contributing to the construction of new race course.
there are some more places in the main areas too
1)like cricket ground
20 Golf club area
i think the present BJP GOVT should take over all these lands for purpose of building tallest one in the world.
the present chief minister has been to china, where he has seen 2 child for a family
he must be in a position to know
that the Hongkong race club (under china rule now)
has one of the best race course in fact
2 race courses are there
one in the midst of the city
i am not a lawyer or learned pundit, but i am an avid race enthusiast.
---to be continued in next posting
The govt can not ban racing. since there is already a verdict pronounced by the highest court that horse racing is a game of skill.
ReplyDeleteit is not like lottery, where random reward is the only possibility.
in fact it is much predictable when we compare it to the movement of stocks
when the govt can permit stock trading
why not racing?
in United Kingdom the income from horse racing is free from taxing
only in our great country the funny rule of any dividend beyond Rs 2500 / is taxable at the rate of 30 per.
strange
this tax structure was enacted some 10 to 15yrs back
no body bothers to give relief to this
added to this each club has its own interpretation of the tax rule for tax deduction at source.
the inflation is taken care in every path
except in the case of horse racing income
we call this nation which is on the move
where are we moving
taxing
when the govt closes its eyes on cricket illegal betting ,
there is huge money wagered every time some big matches goes on
especially between India vs Pakistan
as a journalist you must be in a better position to know this
kindly do write about this
honestly i feel what ever happens to the land
of BTC, i am of the opinion racing should not suffer
there are many people who will be displaced
in case some thing happens
Madras race club is an example where when the racing came to abrupt end,thanks to the effort of the current chairman of Madras race club.
the horse racing got revived, but it has lost its earlier charm
many horses died since no one bothered to take care
hope better wisdom prevails
thanks for your writing
cheers
easwaran