The High Court of Karnataka has permitted Nurserymen Cooperative Society Limited to continue operation of its nursery in Lalbagh for now by staying the State government’s ‘unilateral’ decision to cancel the lease deed and locking the nursery premises.
Justice M. Nagaprasanna passed the interim order on a petition filed by Govind and R. Ravi, vice-president and member-director of the society respectively.
The locking of the nursery illegally has led plants worth ₹1 crore to ₹1.5 crore without watering since October 21 and has caused immense dent to society’s revenue, it has been contended in the petition while alleging that the government intentionally resorted to illegal acts during Deepavali holidays to deprive the society from approaching the court immediately.
The government, through the deed executed in February 1991, had leased out one acre 29 gunta land in Lalbagh in favour of the society for a period of 25 years to offer various nursery services to the public through its members.
The society has said in its petition that the lease period was completed in 2016, and it had made representations to the government for renewal of the lease for another 25 years much prior to expiry of the lease period. However, the government did not take any decision but has accepted the payments regularly made by the society between 2016 and 2022 in terms of lease deed.
Minister’s PS
Meanwhile, on July 13, 2022, the Personal Secretary to Minister for Horticulture had sent a note seeking certain information about the society and the information as sought was provided on July 25, it has been pointed out in the petition.
However, on October 18, a Government Order (GO) was issued, on the direction of the Horticulture Minister, discontinuing the lease. On October 19, another GO was issued directing freezing of society’s bank accounts, cancelling all the facilities extended to the society.
On October 21, the Horticulture Department issued a letter to the society intimating cancellation of lease for alleged failure to meet the expectations as per the terms of lease deed, and locked the nursery premises without giving prior intimation, it has been alleged in the petition. One month’s notice was mandatory even it the government intended to cancel the lease, the society has contended.
