06 June 2024 Property/Real Estate Law >> Property & Real Estate  

In a recent legal case concerning disability rights and public property management, the Karnataka High Court issued a judgment balancing both considerations. The case involved a dispute over the lease term for a shop space allotted to a person with a disability. While recognizing the allottee's situation, the Court ultimately sided with the municipality's argument regarding the limitations on leasing public premises.

Background:

The deceased first respondent, a person with a disability, was allotted Shop No. 9 under a provision of the Rights of Persons with Disabilities Act. The Single Judge had directed the municipality to execute a lease deed for twenty years in favor of the respondent. The municipality challenged this order, arguing that the Karnataka Municipalities Act, 1964, restricts lease periods for public premises to a maximum of five years without government approval. Additionally, a government circular further limited such leases to twelve years.

Court's Decision:

The High Court agreed with the municipality. The Court emphasized that the lease could not exceed twelve years due to the specific provisions of the Act and the government circular. The Court's order stated that exceeding this limit would not be in the public interest. While acknowledging the legal limitations, the Court showed compassion towards the respondent's widow. The Court granted her occupancy of the shop until December 31, 2024, to allow her to relocate her business.

Key Takeaways:

This case clarifies the limitations on lease periods for public properties in Karnataka. It highlights the importance of following government regulations and adhering to legal restrictions on public assets. The Court's decision balances legal adherence with a degree of flexibility in a challenging situation.

  Karnataka Municipalities Act, 1964    RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016