The High Court on Monday directed the state government to submit Cabinet notes and other relevant documents in connection with the extension of lease of land in Mysuru in favour of Mysore Race Club. A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing the PIL challenging the extension of lease of almost 140 acres of land to the Club.
Going through the statement of objections, the bench said that the stand taken by the government was shocking.
The court observed that valuable government property cannot be squandered. The government said the decision was prerogative and taken in the interest of boosting sporting activities and also considering that Mysuru is a tourist destination.
The court asked the government on what basis the statement has been made that terms and conditions, including annual lease, are yet to be fixed.
The order dated January 17, 2020, extending the lease, mentioned that the rent recoverable is equivalent to 2% of the club’s income. The bench pointed out that the state will have to justify the statement in the light of the law laid down by the Apex Court in the Akhila Bharatiya Upabhogta Congress case.
The Supreme Court held that a state government cannot allow its property without putting the same in a public auction.
The court directed the government to produce documents, including the cabinet note and decision.
The petition is filed by city-based advocate Umapathi S. The petitioner stated that 139.39 acres of land in survey number 4 and 74 in Kurubarahalli village of Mysuru city was leased out in favour of Mysore Race Club in 1970. The lease was renewed from time to time and eventually expired in 2016.
The petitioner alleged that the state suffered loss by way of lower rent on the government land. The petitioner claimed that the grant of land was without any public interest and benefited only a few rich and influential persons.