Bangalore Turf Club has limited option

It may sound ironical but at this point of time, Bangalore Turf Club has no other go but to approach the Supreme Court for its survival. It was BTC’s mistaken belief of being the owners of the race course land was the reason for the club to approach High Court for redress in preference to the negotiating table. However the plan misfired with High Court strictly going into the issue of whether the turf club was the actual owner of the land or a plain lease holder and giving finality to the move of the government to evict the club from the existing premises.

The High Court has fixed September 22 as the date for the turf club to vacate its premises. In the intervening period, the club has unsuccessfully tried to imitative dialogue with the Chief Minister after daring him by taking the matter to court. As a result of the prevarication, the club is caught in no man’s land. The Special Leave Petition which should have been already filed by now is delayed indefinitely and time which is of crucial essence in this instance is being wasted. The faction ridden club is being dragged in different directions, with one section hoping for mercy from the Chief Minister while the other wanting the court battle as the best option. The club is yet to finalize its senior counsel as opinion is divided on this score also.

Interestingly, no body seems to be really bothered. There is a feeling that somehow racing will drag on and the September 22 deadline will come to pass, with no damage to racing. The Chief Minister, on his part, has not been willing to re-consider his stand on BTC though several eminent people have tried to persuade him to save the institution which is more than a century old and give more time for the club to relocate. The Chief Minister, however, is reportedly not averse to giving about 150 acres of land at Doddaballapur, about 36 kilometers from Bangalore. The file has reportedly gone from the Deputy Commissioner’s office to Advocate General for opinion.

There is no guarantee that the government may extend time for the club and as such, it is imperative on the part of the club to approach Supreme Court and prepare a proper suit, highlighting the various issues involved unlike the High Court suit which was lopsided. At least on the basis of equity and natural justice, the club can bargain for time and use the intervening period to carve out a fresh future. Also if the club succeeds in getting a stay, it will be in a stronger position to negotiate with the government for a better deal. The all India breeders lobby is also actively considering impleading in the case after BTC files SLP in the Supreme Court.

The Chief Minister has been a busy man. The Global Investors Meet was the centre of his attention and now he is busy attending to the pressures of the office and the party demands. It is unlikely for the club to get an audience in a hurry and as such, the club will not be in position to get any assurance from him. He is sure to keep the club guessing. Yeddyurappa is keen on vacating the club from its premises. Whether he will be successful in implementing his plan of a theme park with a towering structure remains to be seen. Interestingly, the government is reported to have put an advertisement in a Dubai newspaper, calling for tenders for development of BTC land. However, the picture is hazy as the government officials have denied any such move.

The club has procrastinated for too long. There is fear that any further delay would hamper the chances of the club getting any relief from the court as the judges may not be impressed by the urgency or seriousness of the issues involved as the club itself has delayed filing SLP for so long after the High Court verdict. Senior counsels who have an interest in racing, have been airing this opinion.

Surely BTC is in a Catch 22 situation.

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