Karnataka High Court
Cauvery Education Trust vs State Of Karnataka on 16 July, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:27482
WP No. 22183 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.22183 OF 2023 (LB-BMP)
BETWEEN:
CAUVERY EDUCATION TRUST
BY ITS TRUSTEE SUBBAIAH P M
A TRUST REGISTERED UNDER THE
INDIAN TRUST ACT 1982
HAVING ITS OFFICES AT:
#21, TEACHERS COLONY, VENKATAPURA,
KORAMANGALA, BENGALURU - 560 034
REPRESENTED BY ITS AUTHORIZED
SIGNATORY/CHAIRMAN TRUSTEE
SUBBAIAH P.M.
HAVING AADHAR NO. 781491808616
PAN NO: BUKPS6998C
MOBILE NO: 9845760764
EMAIL: [email protected]
...PETITIONER
Digitally signed (BY SMT. NITYA KALIGOTLA, ADVOCAT.)
by JUANITA
THEJESWINI
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
THROUGH ITS
URBAN DEVELOPMENT DEPARTMENT,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY.
2. BENGALURU DEVELOPMENT AUTHORITY
CONSTITUTED UNDER THE
BANGALORE DEVELOPMENT AUTHORITY ACT, 1976
-2-
NC: 2024:KHC:27482
WP No. 22183 of 2023
HAVING ITS REGISTERED OFFICE AT:
NO.7, 5TH MAIN ROAD, KUMARA PARK WEST,
BENGALURU - 560020
REPRESENTED BY ITS COMMISSIONER.
3. BRUHAT BANGALORE MAHANAGARA PALIKE
HUDSON CIRCLE, N.R. SQUARE,
BENGALURU - 560 002
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY MISS SPOORTHI V., HCGP FOR R1,
SRI. MURUGESH V. CHARATI, ADV. FOR R2,
SRI. B.S. SATYANANDA, ADV. FOR R3.)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA,1950 PRAYING TO DIRECT THE
RESPONDENTS NOT TO CHANGE THE NATURE OF THE
SCHEDULE PROPERTY FROM A PLAYGROUND AS PER THE
UNDATED LAYOUT PLAN PRODUCED AT ANNEXURE-D ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner, an educational Trust which has established an educational institution on CA Site No.3, situated at 9th Main, Sector -6, HSR Layout, Bangalore, is before this Court seeking a writ of mandamus to direct the respondents not to change the nature of the remaining portion of the Civic Amenity Site viz., CA Site No.3 (which -3- NC: 2024:KHC:27482 WP No. 22183 of 2023 appears to have been further bifurcated as B and C) from playground to any other purpose.
2. This Court called upon the learned counsel for the respondent - Bangalore Development Authority (for short 'BDA') to place on record a copy of the Master Plan of the area in question and the layout plan of HSR layout, Sector-6. Accordingly, learned counsel for the respondent BDA has today filed a memo along with copy of the Revised Master Plan 2015 of the area in question and the copy of the layout plan of the area in question.
3. On perusing the two documents, it is clear that in the original layout plan the CA Site No.3 was shown as children's park. However, a portion of the same measuring about 2224 sq. mtrs., was carved out as CA Site No.3A, for the purpose of educational institution and thereafter allotted to the petitioner herein.
4. That being the position, even if the learned counsel for the petitioner is able to point out certain admission in the statement of objections filed at the hands -4- NC: 2024:KHC:27482 WP No. 22183 of 2023 of the respondent BBMP in a Public Interest Litigation in W.P.Nos.39330-39333/2014, it will not enure to the benefit of the petitioner, since this Court has verified from the original record and has found that the remaining portion of CA Site No.3 continues to be earmarked was children's park.
5. At this juncture, learned counsel for the petitioner submitted while drawing the attention of this court to photographs produced at Annexure-A series that the respondent - BBMP has been putting up saplings in the area barring the pathway and therefore the BBMP is not maintaining the park as children's park, but it is converting the same into mini forest. Learned counsel would therefore submit that the petitioner will be satisfied if the entire park is maintained as children's park which will enable the children to play in the park.
6. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the respondent -BBMP is required to maintain the CA Site -5- NC: 2024:KHC:27482 WP No. 22183 of 2023 No.3B and 3C as children's park. The BBMP should ensure that unnecessarily saplings should not be planted which would reduce the area of the children's park.
7. With these observations, the writ petition stands disposed of.
Sd/-
JUDGE KLY List No.: 1 Sl No.: 30