Karnataka High Court
S Venkata Rathnaiah vs The Chief Secretary To The Government on 3 August, 2017
Bench: Jayant Patel, S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST 2017
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MRS.JUSTICE S.SUJATHA
W.P.No.34470/2017 (LB - BMP)
BETWEEN:
S.VENKATA RATHNAIAH
S/O LATE S.VENKATANARASIAH
AGED ABOUT 70 YEARS,
NO.18, 1ST MAIN, 7TH CROSS,
GOWDANAPALYA
BENGALURU-560 061 ...PETITIONER
(BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR
SRI D.K.RAVINDRA, ADV.)
AND:
1. THE CHIEF SECRETARY TO
THE GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001
2. THE PRINCIPAL SECRETARY TO
THE GOVERNMENT OF KARNATAKA,
URBAN DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU-560 001
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3. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
PUBLIC WORKS DEPARTMENT
VIDHANA SOUDHA,
BENGALURU-560001
4. THE PRINCIPAL SECRETARY TO
THE DEPARTMENT OF FOREST,
ENVIRONMENT AND ECOLOGY,
VIDHANA SOUDHA,
BENGALURU-560001
5. THE MANAGING DIRECTOR
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., SHAKTHI BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001
6. THE HOUSING COMMISSIONER
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN, K.G.ROAD,
BENGALURU-560001
7. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
CHOUDAIAH ROAD,
BENGALURU-560020
8. THE COMMISSIONER
BRUHATH BENGALURU
MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU-560 002
9. THE DIRECTOR GENERAL OF POLICE
BENGALURU METROPOLITAN
TASKFORCE,
BBMP HEAD OFFICE,
HUDSON CIRCLE,
BENGALURU-560002
10. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVAN,
3
K.G.ROAD,
BENGALURU-560001
11. THE MANAGING DIRECTOR
WATER AND SEWEGE BOARD,
BENGALURU, 8TH MAIN ROAD,
3RD PHASE, J.P NAGAR,
BENGALURU-560078
12. THE COMMISSIONER
SLUM CLEARANCE BOARD,
FLATFORM ROAD,
GANDHINAGAR,
BENGALURU-560 001
13. K.E.F.INFRA KRISHNAGIRI
NO.34, KEF HOUSE,
EMABASSY ROAD,
DIAMANTE GROUND FLOOR,
VITTAL MALYA ROAD,
BENGALURU-560001,
REP. BY CHAIRMAN
& MANAGING DIRECTOR ...RESPONDENTS
(BY SRI A.S.PONNAPPA, ADDITIONAL ADVOCATE GENERAL A/W
SRI D.ASWATHAPPA, AGA FOR R-1 TO R-4;
SRI K.N.PUTTEGOWDA, ADV. FOR R-8.)
THIS WP IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS
AND RESTRAIN THE BRUHATH BENGALURU MAHANAGARA
PALIKE, URBAN DEVELOPMENT DEPARTMENT AND THE
BENGALURU DEVELOPMENT AUTHORITY FROM ESTABLISHING
THE CANTEEN BUSINESS CONSTRUCTING THE CANTEEN
BUILDING ON THE OPEN SPACE, PUBLIC PARK, PLAY FIELDS
LAKE BED AREA, BESIDE RAJAKALUVE, UNDER THE HIGH
TENSION ELECTION LINE AND IN THE RESIDENTIAL ZONE.
THIS WP COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JAYANT PATEL, J., PASSED THE FOLLOWING:
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ORDER
As it was mentioned in the first sitting that there is urgency in the matter, hence we permitted circulation of the matter after giving advance copy to the learned counsel for the contesting parties normally appears for such Authority or the officer.
2. We have heard Mr.Udaya Holla, learned Senior counsel appearing for the petitioner, Mr.A.S.Ponnanna, learned Addl. Advocate General along with Mr.D.Ashwathappa, Add. Government Advocate, for respondents No.1 to 4 and Mr.K.N.Puttegowda, learned counsel appearing for respondent No.8.
3. The petitioner who is a senior citizen has approached this Court for the relief inter alia to prohibit construction of Indira canteens in the corporation area of Bangalore.
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4. The principal grievance raised on behalf of the petitioner was that, Parks, Playgrounds and Open space, are required to be protected as per the provisions of the Karnataka Parks, Play-Fields and Open Spaces (Preservation & Regulation) Act, 1985 and it is the case of the petitioner that without there being permission of the competent Authority, such could not be done. The additional contention raised is that the canteens could not be constructed over the area covered by Storm water drain. Learned counsel submitted that parks, playground and storm water drain, if permitted to be utilized for construction of Indira canteens, it would not only be a health hazard but violation of statutory provisions and hence, this Court may interfere.
5. Mr.A.S.Ponnanna, learned Addl. Advocate General with Mr.K.N.Puttegowda, learned Counsel appearing for the Corporation under the instructions of Special Commissioner who is stated to be present state 6 that no construction of Indira canteens is to be made over the areas which are notified under the aforesaid Act as parks or playground and no construction of Indira canteens is to be made over the area covered by Storm water drain. However, it was clarified that so far as buffer zone area is concerned, which may be adjacent to storm water drain, exemption is granted to the Corporation.
6. He further states that Open spaces are already notified for public utilities. The permission of the competent authority will be required only if there is change in the use. Construction of Indira canteen over Open space reserved for public utilities does not require permission of the competent Authority.
7. In view of the aforesaid declaration, we direct the Corporation as well as the competent Authority of the Corporation to abide by the aforesaid declaration and no construction of Indira canteens shall be made 7 over the aforesaid area viz., Parks and playgrounds notified under the aforesaid Act of 1985 unless permission is granted by the competent Authority under Section 8 of the Act. Similarly no construction shall be made of the aforesaid canteen over the area covered by storm water drain.
8. Under the circumstances, the cause for the petitioner would no more survive.
Disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE ln.