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Shivashakthi Manila Sangha (Regd.) Vs. Union of India (Uoi), the Ministry of Civil Aviation, - Court Judgment

SooperKanoon Citation
SubjectCivil
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 7707/2009
Judge
ActsKarnataka Societies Registration Act, 1960
AppellantShivashakthi Manila Sangha (Regd.)
RespondentUnion of India (Uoi), the Ministry of Civil Aviation, ;state of Karnataka by Its Chief Secretary and
Advocates:K.M. Joseph, Adv.
DispositionPetition dismissed
Excerpt:
- income tax act,1961[c.a.no.43/1961]-- sections 4 & 194-a: [n.k. patil, j] interest received on belated payment of compensation under land acquisition act held, interest received on belated payment of compensation is a revenue receipt exigible to income-tax and it is income......the appropriate name for the airport or to change its name. further even as per the representation given by the petitioner herself as president of the petitioner society, it is clear that the petitioner made a representation to name the bangalore international airport as jagajyothi basaveshwara international airport. the writ petition is filed to restrain from changing the name of bangalore/bengaluru international airport. in any view of the matter, no ground whatever is made out for granting the relief and no direction can be issued to the respondents to restrain them from changing the name of bangalore/bengaluru international airport or to name it after names of any personality as sought for in the writ petition. accordingly, we hold that the petition is devoid of merit and pass.....
Judgment:
ORDER

1. This public interest litigation is filed seeking for an order to restrain the respondents from changing the name of 'Bangalore/Bengaluru international Airport' to name it alter names of any personalities and to direct the respondents to strictly abide by the decision already reached as to the name of the airport as per order dated 29.8.2005. It is averred in the petition that the petitioner is a registered society under the Karnataka Societies Registration Act, 1960. The petitioner has no personal interest or gain in the writ petition. The Bangalore International Airport Limited was started in the name of 'Bangalore International Airport' by adopting the city's name and the name as 'Bengaluru in lieu of Bangalore' is yet to be approved by the 1st respondent - Union of India and the Airport has commenced operation. However, the representations an being made for changing the name of the Airport and to name the Airport after names of prominent personalities like founder of Bangalore Kempegowda, former Diwan Sir M. Vishweshwaraiah, matinee idol Rajkumar or Tippu Sultan, who was in Devanahalli where the Airport is situated. Keeping pace with the idea of naming the Airport, the petitioner on 18.7.2005 submitted a representation to the then President of of India, Dr. A.P.J. Abdul Kalam and also to Sri M.V. Rajashekaran, the then Minister of State for Planning, Government of India and to then Minister for Heavy and Medium Industries in Karnataka requesting to name the Airport as 'Jaga Jyothi Sri Basaveshwara International Airport, who was a champion of secularism. It is averred that though it could be considered as a prerogative of the government to name or change names of public utility establishment, the 3rd respondent as well as the erstwhile Karnataka State Government in their wisdom chose to name the Airport after the city on the rationale that it is apt to name the Airport after the city as is the case in several airports around the world which will prevent any partners within the Airport project from demanding to add their names to the airport. Naming of Airport after any personality amounts to imposing that personality upon others, who may not have a different opinion on such personalities. Therefore, this writ petition for the above said reliefs.

2. We have heard the learned Counsel appearing for the petitioner.

3. Learned Counsel appearing for the petitioner reiterated the grounds urged in the writ petition.

4. We have given careful consideration to the contentions of the learned Counsel appearing for the petitioner

5. It is well settled that it is the prerogative of the government to name the Airport or to change its name and it is a policy decision to be taken by the government and this Court cannot go into the said policy decision and consider the appropriate name for the Airport or to change its name. Further even as per the representation given by the petitioner herself as President of the petitioner Society, it is clear that the petitioner made a representation to name the Bangalore International Airport as Jagajyothi Basaveshwara International Airport. The writ petition is filed to restrain from changing the name of Bangalore/Bengaluru International Airport. In any view of the matter, no ground whatever is made out for granting the relief and no direction can be issued to the respondents to restrain them from changing the name of Bangalore/Bengaluru International Airport or to name it after names of any personality as sought for in the writ petition. Accordingly, we hold that the petition is devoid of merit and pass the following:

Order

The writ petition is dismissed.


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