The central legal point established in the judgment is that the land allotments made by the university were in accordance with the Karnataka State Universities Act, 2000, and served the educational and research interests of the university.

JUDGMENT

1. The petitioner claims to be Banker for a period of 24 years as well as a Professor for 7 years. The petitioner is an Advocate by avocation since, 2017. The petitioner has filed this petition has public interest litigation to cancel the allotments of land made in favour of respondent Nos.10 and 11 in Pantharpalya Village within Bangalore University. In addition, the petitioner has prayed for the following reliefs:

(i) Respondent No.1 and No.2 to cancel all allotments of land made to respondents No.10 and No.11 in the Survey Nos. of Pantharpalaya Village within the Bangalore University.

(ii) Respondent No.2 to explore alternative land outside the precincts of the Bio-Park and re-allocate the same with approval from the Government of Karnataka.

(iii) Respondent No.6 and No.7 to declare the Bio-Park as deemed forest land.

(iv) Respondent No.8 to explore the possibility of declaring the extent of Bio- Park as Bio Diversity Park and declare it as such.

(v) Respondent No.2 to immediately appoint an official either on directo recruitment or by deputation from Forest Department to nurture and develop all the Bio-parks within the Bangalore University Campus.

(vi) Respondent No.2 to clearly identify the land with Survey Nos. before recommending allocation to the Government of any land to any other entity in the future, duly approved and resolved by the Syndicate.

(vii) Respondent No.1 that on receipt of any recommendation from the Bangalore Universiyt to allocate land to any entity, to depute an expert team consisting of the respondent No.6, respondent No.7 and respondent No.8 and a surveyor to identify inspect, verify and report to respondent No.1 that no environmental, ecological threat is envisaged in the allocation of the land to any entity and only thereafter give its consent, permission or approval to such recommendations from the Bangalore University.

(viii) Any other order(s) that this Hon'ble Court may deem fit in the circumstances in the interest of justice and equity.

2. Petitioner has not appeared today. He also had not appeared on 07.07.2022. We have heard learned counsel for the respondents and have perused the record.

3. Bangalore University was established in the year 1964 and land measuring 1112 acres is vested in it. The Bangalore University with a view to bring in the reform in its governance and administration was trifurcated and three Universities and a new University viz., Bangalore City University was established. The Karnataka State Universities Act, 2000 (hereinafter referred to as 'the Act' for short) is an Act pertaining to Universities in the State of Karnataka. Section 3 deals with establishment and incorporation of University. Section 3(4) of the Act provides that University shall not lease, sell or otherwise transfer any immovable property, which may have become vested in or deemed acquired by it without obtaining prior approval of the State Government.

4. The inter University centre for Yogi Sciences, New Delhi, which is a Society controlled by Ministry of Human Resources and Development Government of India made an application seeking permission to Bangalore University for grant of land on lease for establishing its centre in the premises of the Bangalore University. The said proposal was examined by the Syndicate of the University and thereafter, Vice Chancellor of the University by a communication dated 03.02.2020 sought approval of the Government of Karnataka to allot 15 acres of the land on lease for a period of 30 years. Thereupon, the Government of Karnataka by an order dated 17.03.2020 granted approval to Bangalore University to allot the land measuring 15 acres for a period of 30 years. The aforesaid allotment has been made subject to payment of lease consideration of Rs.7.5 Lakhs per annum and subject to the following conditions:

(i) The land shall be utilized only for the purpose of establishment of Inter University Centre for Yogic Sciences.

(ii) The land shall not be sub leased on any pretext.

(ii