HC puts the ball back in govt’s court

HC puts the ball back in govt’s court
Racing Groups Seek Dialogue With CM Over Shifting
TIMES NEWS NETWORK

Bangalore: The high court ruling that the government is at liberty to take appropriate action on the 95.32 acres of land in Chikkajala in accordance with the law, put the government on the high road.
It may be recalled that following identification of the land, which the government proposed to give to the Bangalore Turf Club (BTC) in its effort to shift BTC out of its
present location, the land needed court clearence since it was a tank bed area and was in the transport zone. The state law clearly states that no land in the transport zone can be allotted for any commercial activity.
Now that the court has put the ball back in the government court, directing that it is at liberty to take action in accordance with the law, the government, it is learnt, will need to do re-zoning of the marked area before it allots the land to BTC.
The land at Chikkajala measures 152.02 acres and 56.10 acres of this contains the water body. The government, in its interim application, had made it clear that necessary steps would be taken to protect the water body.
The state had sought a modification of the court’s interim order of August 22, 1995, which directs the authorities not to make any grant of land in tank bed areas, following a PIL filed by Padmashree Zaffer Fatehully. He had sought a direction against the illegal grant of any tank bed lands within the Bangalore Metropolitan Area, in a bid to preserve them, based on recommendations of the N Lakshmana Rau Committee report.
Now that the government is in a position to allot the land to BTC, the racing club is pleased with the progress.
“We will be pleased if it is allotted to us after lifting the restrictions. But we do need time to construct a new course and we will persuade the government to give us at least a three-year extension on the December 31, 2009 deadline,” said Harimohan, steward of the Club.
Meanwhile, it is also learnt that the Karnataka Racehorse Owners’ Association (KROA), Karnataka Trainers’ Association (KTA) and Jockeys’ Association of India (JAI) will submit a memorandum and seek dialogue with the chief minister in their effort to impress upon the CM the problems they face if forced to function out of the Mysore Race Club.
The BTC is not resisting the move to shift out but seeking a three-year extension, the time required to build a new course after allotment of land. But if the government is firm on not providing an extension, the BTC, in a last-ditch effort, will move court for a stay.
COURSE CORRECTION
The land at Chikkajala
contains water body
Government will need to do
re-zoning of marked area
BTC not resisting move to shift out but is seeking a