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KROA May Approach the Court of Law

By Indiarace Bureau | 29 Jun 2009 | BANGALORE


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In view of the recent developments pertaining to the relocation of the Bangalore Turf Club, the Karnataka Racehorse Owners Association has expressed its own stance. Here is the press note it has issued to the press: As you are well aware, the Hon’ble Chief Minister of Karnataka, in a meeting convened last week with the representatives of the Bangalore Turf Club, Mysore Race Club, Chief Secretary to Government of Karnataka and other Government officials, has reiterated the stand of the State Government to shift the race-course at Bangalore from its present location to another location at Chikkajala Village, Jala Hobli, Bangalore North Taluk (off National Highway - No. 7) near the Bangalore International Airport. The Hon’ble Chief Minister has also clearly informed the Bangalore Turf Club that they have to close all operations at the current premises on or before 31/12/2009 and handover the land back to the government. The Bangalore Turf Club on its part, has reiterated to the State Government its commitment to relocate its operations to any other alternative site allotted by the Government in and around Bangalore City and has also sought for tax concessions and other reliefs from the State Government to enable the club to meet the cost of constructing a new race-course. The club has, in the light of its commitment to relocate, pleaded with the Government to allow it to continue racing activity at the present location till such time the alternative site and infrastructure conducive for racing is in place. Before expressing our views on the matter, we would like to first bring to your notice certain facts as on date which have a crucial bearing on the future. That till date, the Government of Karnataka is yet to allot and handover possession of land which has been identified at Chikkajala Village of N.H – 7 for the purposes of allotment to the Bangalore Turf Club. Although the total extent of land to be allotted has been broadly indicated as about 95.32 Acres, the boundaries of the land are yet to be earmarked as on date by the government. The State Government has represented that out of a total extent of 152.02 Acres of land available at Chikkajala Village, Jala Hobli, Bangalore North Taluk, an extent of about 56.10 Acres is covered by a water-body and only the balance extent of about 95.32 Acres could be considered for allotment to the Bangalore Turf Club. To compound the problem, the State Government has filed an interim application before the Hon’ble High Court of Karnataka for modification of its interim order in W.P.No.31343/1995 in which the Hon’ble High Court of Karnataka had clearly directed the Government of Karnataka not to grant any lands situated in tank beds within the Bangalore Metropolitan Area for any purposes to any persons or organizations and as on date, the matter is yet to be heard by the Hon’ble High Court of Karnataka. This obviously means that even if the Government of Karnataka intends to allot an extent of 95.32 Acres at Chikkajala Village, Jala Hobli, Bangalore North Taluk to the Bangalore Turf Club on a long lease to enable the Bangalore Turf Club to shift its operations from its present location, the entire allotment depends on the decision of the Hon’ble High Court of Karnataka in this matter. Even if the aforesaid land is granted to the Bangalore Turf Club on a long lease by the Government of Karnataka at the earliest, to enable the Bangalore Turf Club to commence development and construction activity on the alternative site and complete the provision of basic infrastructure required for racing activity, in our opinion, it will require a period of at least three years for them to complete the development and construction and commence racing activity on the alternative site. Considering the facts mentioned above, we feel that two situations may arise in the near future. The Hon’ble High Court of Karnataka may pass an interim order as prayed for by the Government of Karnataka effectively clearing all legal hurdles for allotting the alternative land and The Government of Karnataka immediately thereafter, may allot the alternative land on a long lease to the Bangalore Turf Club and handover possession of the same for development and construction. Even if the aforesaid events occur within a month from this date, it literally means that the racing activity can commence at the alternative site only somewhere around August 2012. Till then, in case the Bangalore Turf Club is forced to vacate present premises on or before 31/12/2009, there could be a suspension of racing activity at Bangalore for at least two and half years if not more. On the other hand, if the Hon’ble High Court of Karnataka does not consider the interim application of the Government of Karnataka, then, the question of allotting the alternative land at Chikkajala Village will not arise for the moment and the State Government may well have to look for other lands in and around Bangalore City for allotment to the Bangalore Turf Club. In this background, if racing is suspended in Bangalore even for a few months, the following consequences could occur. The racehorse owners, more than anybody else, will be severely affected since the huge financial investment made by owners who have invested in purchasing racehorses to race at Bangalore which is approximately to the tune of about Rs. 250 crore on about one thousand horses racing at this centre will be at stake. The livelihood of thousands of others like the workmen at the Bangalore Turf Club (about 2000 in number), the trainers and jockeys for whom racing is their only source of livelihood, the support staff and employees (about 2000 in number) including about 500 women, about 150 handicapped persons and about 50 blind persons for whom racing activity is the only source of livelihood will be left high and dry. Assuming for a moment that each of the above persons has a family of four to protect, the total number of persons who will be directly affected will be about 16,000 people. The breeding industry which also employees thousands of people all over the country and which is agro based industry will suffer irreparable damage. The producers and suppliers of agricultural produce like oats, bran, grass etc., in huge quantities to the Bangalore Turf Club will also suffer a huge business loss. In the midst of all this uncertainty, the thoroughbred race horse will suffer the most since it needs, the facility, environment and infrastructure like stabling, timely feed, training tracks, veterinary round the clock care and a proper race track to thrive and perform and stationing these thoroughbreds anywhere else would tantamount to inflicting cruelty on these animals. Being a premier center for horse racing in India, if racing at Bangalore is suspended even for a few months, the entire racing industry in India would be severely affected and on the brink of collapse. At this juncture, we wish to state that being fully aware of the adverse impact due to suspension of racing activity, the Government of Karnataka has requested the Bangalore Turf Club to conduct its racing activity at Mysore until such time the racing activity resumes at Bangalore. Although the suggestion seems to be possible on paper, it is practically impossible and not feasible due to the following reasons. The Mysore Race Club which controls the racing activity at Mysore is yet to come terms with providing stabling for the 450 Mysore based horses stationed there as on date. The race track at Mysore cannot handle 1,500 racehorses. There is no equine hospital at Mysore to cater to the need of about 1,500 racehorses and even facilities like a swimming pool for the horses is not available at Mysore. The chances of the entire labour, support staff, professionals like trainers and jockeys shifting base to Mysore is remote since all of them have been based in Bangalore for several years and have their families residing in Bangalore and children either studying or employed at Bangalore. In view of the facts mentioned above, the Karnataka Racehorse Owners Association is planning to submit a memorandum to the Hon’ble Chief Minister of Karnataka pleading for the continuance of racing at the present location till the alternative site and infrastructure is put in place. In case our pleas are not entertained by the Government of Karnataka, our association and the other associations like the Karnataka Trainers Association, the Jockeys Association of India and the labour union would be constrained to approach the Courts of Law praying for relief in this matter.