Preliminary

1. The petitioner Abhaya, said to be a Federation of Residents’ Welfare Association, has filed this writ petition in the nature of Public Interest Litigation (‘PIL’), alleging encroachment over the extent of about 3 acres of land reserved to be developed as park.

2. This petition, filed in the year 2006, has the history and peculiarity of its own. Originally, the petitioner was before this Court contending that Sy. No. 90 situated at Chamundinagara Slum, Hosakerehalli, Uttarahalli Hobli, Bangalore South Taluk, admeasuring 3 acres was reserved for park as per the layout plan approved by the respondent No. 1 – Bangalore Development Authority [‘BDA’] during the year 1976.

3. It was the grievance of the petitioner that the said land, reserved for park, had turned into a hub of huts and a collection place for debris and scrap materials, which were hazardous to the health of the people living in the locality. It was pointed out that certain persons having illegally put up the huts in that area, preliminary notification dated 15.02.2005 under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 [‘the Act of 1973’] proposing to declare 35 guntas of la