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High Court orders for status quo till February 10

  January 28 , 2010
   

The Bangalore Turf Club failed to get any substantial relief form the High Court as the proceedings were adjourned till February 10 on Thursday. The court ordered for status quo to be maintained till such time. It may be recalled that the Government of Karnataka has refused to renew the lease of land for the BTC premises which expired on December 31, 2009 and the club had approached the High Court for relief stating that the land was in possession of the club for over 100 years under a grant for the exclusive purpose of conducting racing activities. The club also highlighted the crippling economic impact that the government`s move would have on the racing industry.
Honorable Justice A Gunjal advised the BTC to implead itself in the public interest litigation that has been filed before the division bench of the High Court against the grant of Chikkajala tank bed land for purpose of relocating racing activities in order to show that it is not against shifting and also make its stand clear in view of the fact that the club itself had identified the land as being suitable for its activities and stated so in writing.

Senior Counsel for BTC C S Vaidynanathan argued that status quo ensured that the license for conducting its activities well beyond January 31 would be covered. Advocate General Ashok Harnalli however said that it was the prerogative of the government to issue license and the issue present concerned the land lease.

The contention of the club that the land belonged to them as it came by way of grant and that they had right to possession over the land will come up for arguments on February 10 as the Advocate General insisted that the matter be argued on merits.

The High Court had earlier asked the club to make its stand clear on whether it proposes to continue its arguments set forth in the writ petition on merits or arrive at an amicable settlement with the government. The club in turn had addressed a letter to the Chief Minister of Karnataka on January 22 that BTC had every intention to shift provided they were given about 150 acres of land within 35 kilometers radius form Bangalore. Further the club had asked for seven years tax holiday form the date of possession of alternate land and asked the government`s assistance in building a racecourse of international standards. The club had also sought waiver of rentals and a period of five years for the infrastructure to be built.

 
 
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Total Comments : 1
Posted by srao on ( January 31 , 2010 )
There may not be any confususion in the orde33r of status quo since the order reads as under:
"The Principal Secretary,Finance Department ,Govt.of Karnataka shall consider the applications filed by the Petitioners for renewal of their betting Licence moreso having regard to the racing calender already published by the Petitioners."
The wording moreso in view of racing calender already published , may not leave much choice but to grant License to the State
 
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