High Court posts BTC petition to December 14
The Karnataka High Court on Monday heard the Writ Petition filed by Bangalore Turf Club against being evicted from the existing premises on December 31, 2009. The government of Karnataka had served notice to the Bangalore Turf Club to vacate the existing premises at the expiry of lease deed and had made it clear that it is not considering any extension of time. The High Court has posted December 14 as the next date of hearing. The court has issued notices to the government to file its reply in three weeks time.
The Government of Karnataka had issued repeated notices to BTC to comply with its notice. The government had agreed to allot about 95 acres of land at Chikkajala which is being disputed as tank bend and the existing rules exclude use of tank bend for racing or commercial activity. The BTC Special General Body had authorized the Managing Committee to approach court for redress.
Secretary of Karnataka Racehorse Owners’ Association Arvind Raghavan said that the High Court has said that it would apply its mind about giving an interim order after considering the reply of the government and rejoinders filed by the counsel of the club..
The turf club has contended that as per the documents recently discovered by them, the existing race course was built on the land which was given as government grant for conducting race activities in the year 1863 and the terms of the grant were codified by the Government Order of 1915 and registered agreement of 1923., both of which clearly stated that the then Race Committee and presently the BTC, shall be entitled to remain in possession of the existing premises till racing activity is conducted there. As such, the turf club had a right over the land as a grantee and they cannot be construed as lessee which is the basis for the government’s direction to shift it from the existing land as per the lease deed forced on the club.
The BTC has prayed the High Court that the club had intention to shift to a new venue if they were given a bigger chunk of land which is free from any litigation. BTC has also requested the High Court to direct the government to give the club three to four years to build a new race course from the date of allotment of a suitable land.
The Government of Karnataka had issued repeated notices to BTC to comply with its notice. The government had agreed to allot about 95 acres of land at Chikkajala which is being disputed as tank bend and the existing rules exclude use of tank bend for racing or commercial activity. The BTC Special General Body had authorized the Managing Committee to approach court for redress.
Secretary of Karnataka Racehorse Owners’ Association Arvind Raghavan said that the High Court has said that it would apply its mind about giving an interim order after considering the reply of the government and rejoinders filed by the counsel of the club..
The turf club has contended that as per the documents recently discovered by them, the existing race course was built on the land which was given as government grant for conducting race activities in the year 1863 and the terms of the grant were codified by the Government Order of 1915 and registered agreement of 1923., both of which clearly stated that the then Race Committee and presently the BTC, shall be entitled to remain in possession of the existing premises till racing activity is conducted there. As such, the turf club had a right over the land as a grantee and they cannot be construed as lessee which is the basis for the government’s direction to shift it from the existing land as per the lease deed forced on the club.
The BTC has prayed the High Court that the club had intention to shift to a new venue if they were given a bigger chunk of land which is free from any litigation. BTC has also requested the High Court to direct the government to give the club three to four years to build a new race course from the date of allotment of a suitable land.
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