The petitioner, Principal of Mount Carmel College stated that a civic amenity site measuring 11,333 sq metres situated in Vasanthnagar, adjacent to Miller’s road, was given to them to be used as a playground.
In 2003, the government gave the land on a 99-year lease, with retrospective effect from December 1958. However in 2009, the Bangalore Development Authority of their own volition decided to renew the lease in favour of the petitioner, with the assumption that the lease period had ended in 1988.
Amendment quoted
For this, the Bangalore Development Authority quoted the amendments made to the Allotment of Civic Amenity Site rules 1989, which placed a 30 year cap on all leases. The Bangalore Development Authority said that the petitioners could renew the lease, provided that they paid the dues on the land since 1988 in addition to the fine. The amount was Rs 2.68 crore.
The petitioners contended that the lease agreement was made with the City Improvement Trust Board (CITB) in 1958 for an annual rent of Re 1. Further, they had approached the then Chief Minister in 2001 and had the agreement confirmed in 2003.
Lease till 2057
The counsel for the petitioners argued that the original lease agreement held good till 2057 and the Bangalore Development Authority amendment did not apply to them.
Justice S Abdul Nazeer issued a stay order on the notice to pay the amount due. The matter has been adjourned.
