D BHAKTHAVATSALA Vs. BANGALORE BRUHATH MAHANAGARA PALIKE

JUDGEMENT

(1.) This petition is filed as a public interest litigation averring that the Petitioner is the owner in possession and enjoyment of the house bearing No. 146/A situated in 5th main road, 4th Block, Rajajinagar, Bangalore. The Petitioner and his family members are residing in the said house. To the north of house No. 146/A, there is a public park and playground measuring 42' x 75' belonging to the first Respondent namely, Bangalore Bruhath Mahanagara Palike (hereinafter called BBMP') bearing No. 591/A, new No. 148. Public park and playground is meant for the use and enjoyment of the general public more particularly, the residents of the area and BBMP has no authority or jurisdiction to use or permit use of the said park and playground for any purpose other than the purpose for which it has been reserved.

(2.) Inspite of the same, a person by name Seshadri unauthorisedly occupied the said park and playground bearing Corporation No. 591/A, new No. 148 and started residing along with his family. In addition to unauthorisedly occupying the park and the playground, he was also committing nuisance and he was a nuisance by himself. On the complaint made by the residents of the locality, the Bangalore City Corporation issued a notice asking him to vacate the park and the playground and it was stated that if it was not done, action would be taken for his eviction. Challenging the said notice, Seshadri filed W.P. No. 4007/1977 which came to be dismissed by order dated 4-1-1982. W.A. No. 247/1982 filed against the said order also came to be dismissed by order dated 27-5-1982. Not being satisfied with the outcome in the writ petition and the writ appeal, Seshadri and his wife filed O.S. No. 2468/1982 against the Bangalore City Corporation for a direction not to demolish the construction made on the property, by representing and claiming to be the Secretary to Sri Shanidevara Seva Mandali. It was submitted the there is no such Shanidevara Seva Mandali and the same has been created for the mala fide intention of knocking of the valuable property. The said suit came to be dismissed by the Civil Court by judgment and decree dated 23-3-1995. Being aggrieved by the same, RFA No. 307/1995 was filed and the said appeal was also dismissed on 5-7-1995.

(3.) Thereafter, the Corporation of the City of Bangalore passed a resolution in Subject No. 4(359) dated 9-6-1998 to grant the said property to Sri Shanidevara Temple. The said resolution was challenged by the public before this Court in W.P. No. 17750/1999. In the said writ petition, the Government filed an affidavit stating that resolution passed by the Corporation would be cancelled. Therefore, the said writ petition was disposed of by order dated 3-7-2000 and thereafter the Government passed an order dated 23-8-2000 cancelling the resolution passed by the Corporation.