HC upholds eviction notices to two societies from Lalbagh

NT Correspondent

Bengaluru: Refusing to interfere with the notice issued by the Horticulture Department initiating proceedings to evict two societies operating from inside the Lalbagh garden in Bengaluru, the High Court said that since the leases have expired, the authority was within its powers to initiate eviction process.

“The notification so issued by the State cannot be termed to be illegal, as the power is availed to the State to issue such notification and the submission of the State is also that the proceedings would be held in Bengaluru. Therefore, the petitioners have to participate in the proceedings in terms of the impugned notice issued,” Justice M Nagaprasanna said in his judgement disposing the two petitions.

The petitions were filed by Mysore Horticulture Society and Govind and R Ravi, the vice president and director of Nursery Men Co-operative Society.

The Mysore Horticulture Society was given the lease of property inside Lalbagh in 1991 for 25 years. The lease ended in 2016 and was extended for five years in 2018 which ended on May 23, 2023.

After withdrawing a 2022 eviction notice another notice was issued on January 9, 2023 which was challenged before the HC. The Nursery Men Co-operative Society was given lease of 1 acre 29 guntas inside Lalbagh in 1991 for 25 years.

They sought for extension of lease for 50 years in 2016 and for 25 years extension in 2017, but the authorities did not reply both the times. However on January 9, 2023 an eviction notice was issued and they approached the HC.

The HC single judge bench gave a common order in both the petitions recently.

“The notice does not suffer from any illegality, but does suffer from certain anomalies which are curable. Therefore, the petitioners have not established that there is illegality in initiation of proceedings under the Act. It is now for the petitioners to participate in the proceedings and the proceedings be taken to their logical conclusion only if the State still wants the land back from the petitioners,” the Court said upholding the notices and the proceedings for eviction that has been undertaken.

The HC however said that the Government may continue the lease if it so wishes.

“Neither this order nor the impugned notice dated 09-01-2023 will come in the way of the State to negotiate with the parties to the lis and continue the lease, as they have been in possession of the said property on lease for the last 30 years. This can be on any express terms and conditions that would ensue. This Court is only observing that this order will not come in the way,” the HC said disposing the petitions. (WP 1889/2022 WP 1232/2023)