K SUBBEGOWDA Vs. KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) the petitioners, who are the residents and tax payers of hassan, have preferred this public interest action seeking a declaration that the allotment of the schedule site to respondent-3-sri aravinda education society, hassan, by order dated 2-5-1984 is illegal and void and to prohibit respondents-1 and 2 the Karnataka housing board, Bangalore, and the state of Karnataka respectively from granting the schedule property to respondent-3 and further for a direction to respondents-1 and 2 to retain the schedule property as a park and to develop the same.

(2.) it appears that respondent-1 published a scheme under Section 18 of the Karnataka housing board act and Rule 8 of the rules framed thereunder and a plan of the scheme was published vide annexure-b. The area in question measures a little over an acre of land and it is alleged that it is a public amenity side intended to be a park. It is stated that for the entire area there is only one park as shown in Annexure-B at x, y and z. The 1st petitioner had applied for allotment of a house and it was allotted to him under the scheme known as Karnataka housing board colony, beerenahalli, hassan, which also provides for buildings and sites for the weaker sections, for members of low income group, middle income group and high income group of the society and the total extent of land in the entire area is about 100 acres with provision for 800 houses.

(3.) the petitioners have made special mention of a government primary school which is run in a rented house No. 54 situate opposite to the alleged park.