J.SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed as Public Interest Litigation, in which the petitioners inter-alia seeking for Writ of Mandamus or direction to the respondents to consider the representations dtd. 17/7/2018 and 18/7/2018 and not to go ahead with the construction of building at Park called Gayathri Devi park (Mariappanapalaya Park) which is situated at Ward No.98, Prakashnagar, Rajajinagar Assembly Constituency, Bengaluru (hereinafter referred to as 'the park' for short).

(2.) The petitioner who claim themselves to be social activists assert that they used to take care of welfare measures for people of Prakashnagar in Rajajinagar, Bengaluru. In the Prakashnagar Ward of Rajajinagar Assembly Constituency, a Park namely Gayatridevi Park was set up about more than 30 years ago, which has been included in the list of approved parks, within the meaning of Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Act, 1985 (hereinafter referred to as 'the Act'). The grievance of the petitioners is that aforesaid park is sought to be turned into concrete Jungle in violation of the provisions of the Act and the rules framed thereunder.

(3.) Learned counsel for the petitioner submits that the respondent No.2 has proposed to raise construction of swimming pool, multi-gym inside the park. It is submitted that Sec. 8 of the Act prohibits construction of any building or putting up of any structure, which is likely to affect the utility of the park, play field or open space. It is submitted that the proposed construction by the respondent No.2 - BBMP shall affect the utility of the park and the said construction is in contravention of Sec. 8(1) of the Act as well as Rule 6 of the Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Rules, 1985 (hereinafter referred to as 'the Rules' for short).