BENGALURU: The High Court on Wednesday banned the BBMP from erecting any construction inside Gayatri Devi Park on Mahakavi Kuvempu Road, Prakash Nagar ward, Rajajinagar assembly constituency, in violation of section 8(1) of Karnataka Parks Playgrounds and Open Spaces (Preservation and Regulation) Act 1985 and Rules.
A Divisional Bench headed by the Acting Chief Justice Alok Aradhe passed this order while authorizing a PIL filed by J Srinivas and four others.
The petitioners complained that the BBMP had proposed to build a swimming pool, sports hall and gazebo inside the park, contrary to the provisions of the Act and Rules 1985. They claimed that their representations filed the July 17 and July 18, 2018 against the said constructions had not been taken into consideration, while urging the court to intervene.
On Wednesday, counsel for the claimants argued that the proposed constructions contravened section 8(1) of the Act and the relevant rules. Counsel for BBMP argued that subsection 8(1) only prohibits the erection of any building or the erection of any structure that may interfere with the usefulness of the park.
After reviewing the documents, the bench noted that according to Rule 6 of the corresponding rules of the Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act of Karnataka, only certain constructions like the station of pumping and benching are permitted, adding that a joint reading of the law and the rules specify that no permissions which may affect the usefulness of the park may be granted.
“Certainly, the proposed construction, namely the swimming pool, will affect the usefulness of the park. It is therefore prohibited under section 8(1) of the Act. BBMP is prohibited from raising any construction inside the park and in contravention of article 8) read with rule 6 of the regulations”, observed the division bench.