BBMP

Bengaluru

Bangalore Club

The Club has been ordered to hand over possession of its 13-acre property to the govt within a week;asked to cancel khataThe city’s oldest and prestigious club with the who’s who ofon its esteemed membership list faces the prospect of handing over its reins to the government. In a major setback, the 147-year-old Bangalore Club, a remnant of the British regime, has been ordered to hand over possession of its 13-acre property to the state government within a week. The BBMP has simultaneously been directed to cancel khata of the property which is in the name of Bangalore Club. The issue boils down to the fact thathas reportedly failed to establish land title.After three notices on June 9, June 12 and July 2 asking the management to submit documents supporting its land ownership and a final hearing on July 17, the Court of the Assistant Commissioner, Bangalore north sub-division, passed a 13-page order on July 20, concluding that the prime property belongs to the state government. The case was taken up by the district administration as per instructions from the Legislature Committee which was looking into the administration of social clubs in the state.With nearly 6,000 members on its roster, including senior and influential bureaucrats and members of judiciary, Bangalore Club probably did not see it coming.Reproduced is the sum and substance of the order, accessed by Bangalore Mirror: “It could be held that the property in question, which is now in possession and enjoyment of Bangalore Club, is the one held by the British province. Then since 1947 (civil and military station) retrocede to State of Mysore now State of Karnataka belongs to government. It has not been transferred to the United Services Club nor reconveyed to Bangalore Club by the competent authority of the British province and/or State of Mysore consequent on retrocession of the properties in question. In view of the above facts and circumstances of the case, it is ordered to resume the land in number 88, now assigned BBMP khata and property ID, for the land measuring 233 square yards, to government, free from all encumbrances. The secretary, Bangalore Club, shall hand over possession of the property to Tahsildar, Bangalore north within seven days from date of receipt of this order. A copy of this order may be furnished to the BBMP to cancel khata of the property made in the name of Bangalore Club.’’The entire proceedings of the case as well as the final order was based on the Retrocession Act of 1948, which talks about properties once owned by the British government in the city military area and then handed over to the government post-Independence.While the Club had purchased the 13-acre plot from an individual, who was granted the land parcel by the British, the district administration had asked the Club to furnish the mother document showing transfer of land from military establishment to a civilian person.The proceedings were taken up by assistant commissioner, Bangalore North sub-division, N Mahesh Babu -- between State of Karnataka and The Secretary, Bangalore Club.The Club replied to the notice along with certain documents. In its defence, the Club stated: Originally a military establishment of the British government called Bangalore United Services Club was functioning, which provided social, cultural, sporting, recreational and other facilities to the defence forces in Bangalore. It was taken over by the Indian component in 1946 and renamed Bangalore Club.Bangalore United Services Club had purchased the land, bearing municipal number 10, Residency Road (now called FM Cariappa Road) under a sale deed dated August 30, 1873. The club, thereafter, mortgaged the property to John Guthrie Tait under a mortgage deed on November 15, 1894. The mortgage was cleared and the property was reconveyed to the Club under a reconveyance deed on January 7, 1915. The club resumed its position as absolute owner with no encumbrance and, since then, it is in continuous possession of the property, with khata in its name and it has been regularly paying taxes.The encumbrance certificate for 131 years from April 1, 1873 to March 31, 2004 reflects all three transactions. Going by the evidence – sale deed and encumbrance certificate – Bangalore Club is the absolute owner of the property since 1873. The Club purchased the land in a private sale and the question of any grant does not arise. No proceedings were initiated before any authority in the civil and military station prior to the date of Retrocession in respect of the land owned by the Club. Therefore, the said provision would not apply to the land. Thus, from the above facts, there is prima facie evidence that the Club is the owner of the land. The Club is at a complete loss as to the need and object of the proceedings initiated by the authority.The order hinges on the Retrocession Act of 1948. After the British vacated their base post-August 1947, all the lands owned by them came under this Act.The order states that the sale deed executed for the property is by the legal heirs of one late Soobroy Chetty which was herited through grant (in simple terms, the land parcel was granted by the British to Chetty) bearing grant no. 877 as per an entry in the Transfer Register. But the land was only in possession of Soobroy Chetty; no right and title over the land was vested with him by virtue of any grant. It was only based on the possessory right that his legal heirs transacted the land to the erstwhile United Services Club. Thus, it is clear that the property in question was the property of the government during British regime/State of Mysore. And, according to the then usage, the lands were held by individuals on behalf of the government. There is also nothing on record to show the grant of occupancy rights. No such document confirming the grant of the land is forthcoming.Also, as per documents furnished, the property bearing No. 877 as per the entry in the Transfer Register is 233 square yards.On the contrary, the grant itself was numbered 211 in the Register of Grants and, thus, the property numbers do not tally.Hence, it can be construed that there was no specific assignment of the property by virtue or absolute deed of conveyance of the competent authority in favour of Bangalore Club.Bangalore Club can challenge the order in the civil court on grounds of “delay and laches” (undue delay in pursuing a right or claim) since the government has allowed the Club to function under its very nose all these years. “The authorities had to wake up within a reasonable period of time and challenge the property ownership. For more than a century, the government has issued required licences, khata and accepted property taxes. How can they initiate proceedings questioning the land title now and try to establish that the land belongs to government?” a senior civil lawyer told Bangalore Mirror.