M C RAVISHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Articles 226 and 227 of the Constitution of India as public interest litigation seeking writ in the nature of mandamus or any other writ or order directing the respondents to take immediate steps to clear all the unauthorized construction put up over the corporation park and road situated on the southern bank of the historical tank: Kempambhudikere, BMP Ward No.49, Kempegowda Nagar, Bengaluru and to maintain the same in clean and proper condition. The petitioners have also sought to declare that transfer or handing over the corporation park and the road of the said area by respondent Nos.1 and 2 to respondent No.3 for construction of houses for rehabilitation of slum dwellers of Sanyasikunte and any other area as illegal and without jurisdiction and direct to restore the same to its original position.

(2.) THE petitioners have contended that there is a tank constructed by Sri. Kempegowda, the founder of Bengaluru, and named the same after his family deity viz., Kempamma. The said tank is commonly known as Kempambhudikere. Respondent No.2 had constructed corporation swimming pool with building in a portion of Kempambhudikere bank and formed a park known as corporation park on the southern side of the above said tank. They have further contended that from the layout plan prepared by the BDA, it is clear that while handing over the area in which Ambhabhavani layout was formed in Sy. Nos.3 and 69 of Gavipuram village, on the northern side of said layout, there is a road and park and adjacent to the park, there is corporation tank.

(3.) RESPONDENT No.2 -Bengaluru Mahanagara Palike (BMP) filed statement of objections denying allegations made in the petition. BMP has contended that the area in which construction of houses was made for the slum dwellers would neither come within the Kempambudhi tank area nor on the road as contended by the petitioners. It is further contended that in between the tank and Ambabhavani layout, the slum dwellers were living in unhygienic condition without having any basic amenities or necessities. Therefore, on the request of the slum dwellers, in consultation with the Slum Clearance Board, it had taken up the task to improve their living conditions in the said area. Earlier, the municipal solid waste, human discharge and sewerage water was being lead into the nearby tank by the slum dwellers polluting the tank water. The authorities, with a view to avoid the same, decided to put up construction providing houses with proper sewerage and drainage system. The corporation council had also taken a decision on 26.10.2005 to hand over the said land to the Slum Clearance Board to enable them to construct houses for the slum dwellers. The State Government accorded approval on 24.6.2006 by accepting regulation of the BMP. The averments in the petition are specifically traversed and it is prayed to reject the petition.