This petition has been filed as Public Interest

Litigation, in which the petitioners inter-alia seeking for

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Writ of Mandamus or direction to the respondents to

consider the representations dated 17.07.2018 and

18.07.2018 and not to go ahead with the construction of

building

at

Park

called

Gayathri

Devi

park

(Mariappanapalaya Park) which is situated at Ward

No.98,

Prakashnagar,

Rajajinagar

Assembly

Constituency, Bengaluru (hereinafter referred to as 'the

park' for short).

2.

The petitioner who claim themselves to be

social activists assert that they used to take care of

welfare measures for people of Prakashnagar in

Rajajinagar, Bengaluru. In the Prakashnagar Ward of

Rajajinagar Assembly Constituency, a Park namely

Gayatridevi Park was set up about more than 30 years

ago, which has been included in the list of approved

parks, within the meaning of Karnataka Parks, Play

Fields and Open Spaces (Preservation and Regulation)

Act, 1985 (hereinafter referred to as 'the Act'). The

grievance of the petitioners is that aforesaid park is

sought to be turned into concrete Jungle in violation of

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the provisions of the Act and the rules framed

thereunder.

3.

Learned counsel for the petitioner submits

that the respondent No.2 has proposed to raise

construction of swimming pool, multi-gym inside the

park. It is submitted that Section 8 of the Act prohibits

construction of any building or putting up of any

structure, which is likely to affect the utility of the park,

play field or open space. It is submitted that the

proposed construction by the respondent No.2 - BBMP

shall affect the utility of the park and the said

construction is in contravention of Section 8(1) of the

Act as well as Rule 6 of the Karnataka Parks, Play Fields

and Open Spaces (Preservation and Regulation) Rules,

1985 (hereinafter referred to as 'the Rules' for short).

4.

On the other hand, learned counsel for

respondent No.2 has fairly submitted that the proposed

construction is prohibited under Section 8(1) of the Act.

5.

We have considered the submissions made

on both sides and have perused the record.

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6.

We may also take note of relevant statutory

provisions. The open spaces for parks protect the

resident of the locality from ill effects of urbanization.

The Act has been enacted with an object to provide

residents of the locality a quiet place free of pollution

where children can play and adults can rest and breath

fresh air.

7.

The Act which is inter-alia enacted to provide

necessary space for recreation to residents of the

locality and with a view to preserve parks, play fields

and open spaces and to put an end to the practice of

converting such lands into other uses, Section 8(1) of

the Act reads as under:

"8 (1) No person shall construct any building

or put up any structure likely to affect the

utility of the park, play-field or open space or

make any encroachment in or over any park,

play-field or open space specified in the list

published under Section 4 or Section 5."

Thus, Section 8(1) of the Act mandates that no

person shall construct any building or put up any

structure likely to affect the utility of the park, play-field

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or open space or make any encroachment in or over any

park, play-field or open space.

In exercise of powers conferred under the Act,

Rules namely, Rule 6 of the Rules provides as under:

"6. Construction of other structures in

the Parks, Play-fields and Open Spaces:-

(1) The executive authority may permit

construction of a well, pump house, benches

for the visiting public to sit and quarters for

the watchman in any park, play-fields or

open space

(2) Notwithstanding anything in sub-rule

(1) -

(a) no permission to construct quarters for

the watchmen shall be granted were the total

area of the park, play field or open space is

less than two hectares;

(b) in other cases, not more than two

quarters may be permitted to be constructed

and the area of any such quarters shall not

exceed thirty square metres."

Thus, the aforesaid Rule