Rampant encroaching of public property by religious institutions, corporate houses, private entities and other powers has been a major issue in all fast growing cities. Bengaluru is no exception. One particular case of encroachment of public land in erstwhile Bharatinagar constituency (currently, Sarvagnanagar) was resolved only last year.

The land in question measures Four acres, 3 guntas on CTS No.1378 which houses the Indian Gyamkhana Club. The Club has been sitting on this land since its establishment in 1932 during the erstwhile British Raj period. This land of Four acres, 3 guntas were leased to the Club in 1932 by the then City Municipality for a period of 5 years. Subsequently the lease was renewed by the Bruhat Bengaluru Mahanagara Palike (BBMP) in the years 1937, 1954, 1969, 1978, 1994 and 2008.

In 1994, the BBMP attempted to reduce the lease area to 1acre 8 guntas and restore the rest for civic and public purposes. However, the State Government, directed the BBMP to lease the entire land to the Club for 35 years for an annual fee of Rs. 2,800 per square feet. for every acre up to 2008.

In 2008, upon the termination of the lease, the Ho’ble Supreme Court held that 1 acre 8 guntas be leased to Indian Gymkhana at the rate of Rs.2,800/- per sq.ft. and the remaining land be used for Community Sports and Public Use.

However, in 2010, the government directed Indian Gymkhana to pay a lease amount of Rs.60,000/- for every acre of leased land of 4 acres 21 guntas and the lease to be renewed once in 3 years at 15% for a period of 35 years

It was then that Vidhana Sabha Member and x-MLA of Bharatinagar constituency, N Rajanna questioned the above order of the Government stating that it was against the 2008 guidelines of the Hon’ble Supreme Court and submitted a complaint in 2014 to Hon’ble Lokayukata to conduct an enquiry. Hon’ble Lokayukta sought the opinion of the Law Department of whether the Government had the authority to lease out public property to private entities.

It was found that the Government did not have the authority to lease away property of the Corporation for a lesser rent. Accordingly, a report was submitted by Upa Lokayukta to withdraw the Government order.

Rajanna further submitted in 2014 that the property leased to Indian Gymkhana is worth several crores and the land should be used for public use and for children’s ground.

In 2015, the Government order leased 1 acre 8 guntas to Indian Gymkhana at Rs.2,800/- per sq.ft. and for an yearly lease of Rs.1,46,36,160/-.

Questioning the Government Order of 2015 and the order of the Upa Lokayukta of 2014 and letter dated 2014, Indian Gymkhana filed in writ in WP No. 45070/2015 wherein the Hon’ble High Court of Karnataka directed the Government to reconsider the matter. However, the learned AAG submitted that the matter will be heard by Additional Chief Secretary, Urban Development Department on 3/10/2016.

IN April 2017, Additional Chief Secretary, Urban Development Department proposed a resolution wherein it was held that the lease shall be fixed for the portion where the old club is situated and facilities situated with prior approval of BBMP and such areas needed for reasonable usage of the above structures. The balance area shall be used as playground for public and Club Association among others.

Indian Gymkhana filed a writ in WP No 21179/2017 questioning the above order which was dismissed by Hon’ble High Court of Karnataka on 31/8/2018

Finally in 2022 the Government vide GO order: NaAaEe 152 MNG 2014 stated that out of 4 acres 21 guntas, 3 acres 13 guntas will be used for children’s park and public use. 1 acre 8 guntas is to be leased to Indian Gymkhana Club. And stated that the Club will have to have pay the amount due since 2008 at Rs. 5,99,53,31,544.66 for unauthroised usage of 3 acres 13 guntas and Rs. 2,16,37,28,677.77 towards lease amount and interest for usage of 1 acre 8 guntas to BBMP. Further, the lease amount for 2020-21 shall be decided by BBMP and BBMP shall take possession of the balance land measuring 3 acres 13 guntas.

Since then, the BBMP took back 3 acres 13 guntas and is maintaining it as a playground for the public.

 

Girish Linganna 

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



Chhatrapati Sambhajinagar (PTI): AIMIM chief Asaduddin Owaisi on Wednesday alleged that a portion of a Waqf-owned property of a mosque in Delhi was demolished and blamed the "black" Waqf (amendment) Act.

An anti-encroachment drive near the Faiz-e-Elahi mosque in Delhi's Ramlila Maidan area on the intervening night of Tuesday and Wednesday triggered violence as many people hurled stones at police personnel amid a social media post claiming that the mosque, opposite the Turkman Gate, was being demolished.

Five police personnel were injured in stone pelting, prompting the police to lob tear gas shells.

"At 1:30 AM, the property of a mosque near Turkaman Gate was razed. It is a Waqf property as per a gazette notification of 1970. The demolition drive is just the beginning after passing the Waqf Act in Parliament. People should understand the happenings in the country and give a strong message to the ruling parties through their votes," Owaisi said while addressing a rally for Chhatrapati Sambhajinagar civic polls.

He alleged that the Delhi High Court had passed an incorrect order despite a Gazette notification issued in 1970 declaring the property as Waqf land.

"The High Court decided the title of the mosque when it had no right to do so. The Delhi Waqf Board also failed to take appropriate legal action by not filing a review petition," he said, adding that the matter would now be taken to the Supreme Court.

Owaisi further alleged that the Waqf Act, which he termed a "black law," was being used to seize Muslim religious properties.

"This law was made by PM Narendra Modi with the support of Eknath Shinde, Ajit Pawar, and Chandrababu Naidu. It is being used to snatch our mosques and graveyards. What happened in Delhi is only the beginning," he said.

He appealed to voters in Maharashtra to oppose Chief Minister Devendra Fadnavis, Deputy Chief Ministers Eknath Shinde and Ajit Pawar in the upcoming local body elections.

"People must vote against those responsible for this Act and stand with AIMIM if they want to protect their religious places," he said.

Speaking about constitutional values, Owaisi said the Preamble of the Constitution begins with “We, the people” and not “Bharat Mata.” Referring to the celebration of 150 years of Vande Mataram in Parliament, he said no one spoke about Dr B.R. Ambedkar’s emphasis on freedom of thought, faith, expression, and religion.

He also said that the preamble of our constitution starts with 'we the people' and not Bharat Mata.

Referring to the celebration of 150 years of Vande Mataram in Parliament, he said no one spoke about Dr B.R. Ambedkar’s emphasis on freedom of thought, faith, expression, and religion.

"Ambedkar wrote that this country belongs to everyone, but nobody stood up to say that," Owaisi said.

He also said that the Constitution permits Muslims to worship Allah.

"No Muslim MP said this in Parliament, but I did. I said we will say only ‘La ilaha illallah’. Others bowed their heads, but I did not compromise with the fundamentals of my religion or the Constitution," he added.

Maharashtra AIMIM president Imtiaz Jaleel, who also addressed the rally, said the party lost the previous Lok Sabha elections due to internal divisions.

"The same group is active again in the municipal elections. This time, we are fighting on two fronts — against our political opponents and against people from our own side," he said.

Referring to the recent attack on his car, Jaleel said, AIMIM would not be intimidated.

"Those involved in illegal businesses think they can scare us, but we completed the rally. The police must take action, and we are closely watching the case. We will not be afraid of those who have illegal businesses," he said.

Owaisi also commented on the incident, demanding strict action against those involved.

"I will visit that area in the next few days. I am not afraid. I always go where people challenge me,” he said.