VENKATESHA M. Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The captioned writ petition is filed in the nature of public interest litigation seeking a writ in the nature of mandamus to declare the site earmarked as a civic amenity site and the same may be restored to current status by demolishing the illegal structures put up in the civic amenity site.

(2.) The grievance in the present public interest litigation is that the respondent No.5 which is a House Building Co-operative Society Limited has formed a private layout for its members in Sy.Nos.377/2, 377/3, 377/4, 377/5, 377/6, 376/1, 372/2, 376/3, 375/1, 375/2, 374/1, 359/1 and 359/2 of Marrenahalli Village, Kempapura Agrahara, Kasaba Hobli, Bangalore North Taluk. The petitioner claim that the layout plan submitted by respondent No.5 for approval prescribed the lands earmarked for playground and also for civic amenity site. The petitioner claim that both park and civic amenity site measure to an extent of 1 acre out of total 20 acres where the layout is developed. The petitioner contend that the respondent No.5 has formed a residential layout and thereafter sites have been distributed to its members and the residents residing in the said layout are utilizing the portion earmarked as park and civic amenity site for several years.

(3.) The petitioner has specifically alleged that though respondent No.5 can utilize only 50% of the entire layout for formation of residential sites, however, respondent No.5 has exceeded the said limit and has formed sites to an extent of 62% of the total area. The petitioner has specifically claimed that the area notified as park and civic amenity site has been sold by the respondent No.5 and therefore the entire layout is utilized for residential purpose thereby depriving open lung space for the residents of the said layout. On these set of grounds, the present writ petition is filed.