KALYANA NAGARA RESIDENTS WELFARE ASSOCIATION Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioners are seeking a direction to Bangalore City Corporation, Bangalore Development Authority and Government of Karnataka to declare that the public park (C.A. site No. 7 in the 1st block of HRBR Layout, now known as Kalyana Nagar) shall not be used or utilised for any purpose other than as a park. Subsequently they have amended their petition and incorporated the prayer for quashing the notification, dated 15.04.2011 showing the C.A. site No. 7 as burial ground.

(2.) Sri S. Vivekananda, learned counsel for the petitioners submits that the use of the area in question as a burial ground runs contrary to the various provisions of law. He submits that the area in question was never used as a burial ground in the past.

(3.) He submits that the impugned notification, dated 15.04.2011 (Annexure-R4) is bad, as the same is issued during the pendency of this writ petition. He submits that once an area is earmarked for the purpose of park, it cannot be used for any other purpose. He submits that it is not in dispute that the area in question was shown as park in the official records right from the beginning.