NAGARAJA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are stated to be the residents of Gopala Layout and Vivekananda Layout of Shimoga City, have filed this writ petition seeking a declaration that the action of the respondents in diverting parks in the said layouts for sports and commercial complex is illegal and without authority of law. The resolution of respondent No.4 - Shimoga Urban Development Authority ("Authority" for short), which is at Annexure-A is also assailed.

(2.) The petitioners claim to have filed this writ petition in public interest. According to them, Gopala Layout is formed by the Authority within which an area of 2 Acres has been reserved for a park. Vivekananda Layout is an approved layout and 30 guntas has been reserved as a park. These areas are adjacent to each other. The parks are maintained by the Authority and provide lung space to the residents of the two localities as well as children of the schools in the vicinity of the parks. The State Government has decided to construct a sports and commercial complex in Shimoga City in an area of six and a half acres having swimming pool, skating rink, indoor sports complex and twenty five shops. Annexure-D is the project plan.

(3.) Statement of objections has been filed on behalf of the State Government contending that the petition styled as a public interest litigation is an abuse of the process of Court as it is in order to benefit certain vested interests and is not in public interest. The petitioners have tried to protect the interest of those who are running a school by name 'Ramakrishna Vidyaniketana School' adjacent to the park in question. The school administration has encroached upon a portion of the park by putting up temporary structures and also using the same for parking vehicles belonging to the school authorities and visitors of the school. In fact, the authority has issued notice to the school under the provisions of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. These facts have been suppressed by the petitioners, who, through this petition are seeking to legitimize their unauthorized occupation. It is also contended that the first petitioner has leased buses to the school and has been using the park area for stationing the buses and the second petitioner is closely associated with the school and a relative of a teacher in the school. Denying other allegations made in the writ petition, it has been contended that the Comprehensive Development Plan (Revised) of Shimoga-Bhadravathi Local Planning Area read with Zoning Regulation provides that parks, playground and open spaces can be used for recreational purposes and also used as cemeteries, crematoria etc. In the instant case, the area in question is sought to be used for sports purpose, which is a permissible user under law.