LAWS(KAR)-2011-5-3

SAIFULLA Vs. STATE OF KARNATAKA

Decided On May 26, 2011
K.E.B. LAYOUT RESIDENTS WELFARE ASSOCIATION BANGALORE Appellant
V/S
BRUHAT BANGALORE MAHANARAGA PALIKE, BANGALORE Respondents

JUDGEMENT

(1.) PETITIONER 1 is a Residents' Welfare Association, the association was formed to look after the interests of the residents of K.E.B. layout, BTM 1st Stage, Bannerghatta Road, Bangalore. PETITIONER 2 is its Secretary and petitioners 3 to 5 are residents of K.E.B. layout.

(2.) THE petitioners have filed the instant writ petition, as a cause in public interest, mainly to declare as illegal the road, that has been laid across the park situated between 6th 7th main roads of the layout referred to above. THE grievance of the petitioners is, that respondent 1-Bruhat Bangalore Mahanagara Palike ("the BBMP for short) has laid a road illegally in the park area situated between 6th and 7th Main Roads referred to above, resulting in bifurcation and shortening of the park area.

(3.) WE deem it relevant to refer to the proceedings of the BBMP at Annexure-H which would show, that both 6th and 7th main roads are dead-end roads and connecting both the main roads by laying a road in the park area situated in between them would ease the flow of traffic and would avoid congestion. As could be seen from the photographs at Annexures-Q2 and Q3, the road in question is formed on a small strip of and situated almost at the end of the park area.