The court directed the municipal authority to maintain the designated area of a public park, ensuring no encroachment occurs during the construction of adjacent facilities.

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACTIONS OF THE RESPONDENT NOS.1 TO 4 IN DEMOLISHING THE EXISTING PARK FACILITIES AND AWARDING CONTRACT FOR CONSTRUCTION OF A HOSPITAL/DIALYSIS CENTER AND THE ACTIONS OF RESPONDENT NO.5 IN UNDERTAKING SUCH ILLEGAL CONSTRUCTION AT THE SCHEDULE PROPERTY ARE ULTRA VIRES, ILLEGAL, ARBITRARY, UNREASONABLE AND IN DIRECT CONTRAVENTION OF SECTIONS 6, 7, AND 8 OF THE KARNATAKA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1985, ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND THE PUBLIC TRUST DOCTRINE, AMONG OTHER PROVISIONS OF LAW, ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The writ petition is filed alleging that the authorities concerned are trying to encroach upon a public park and put up construction in respect of a health centre.

2. In the course of the arguments, learned counsel for the petitioner submits that the park area measures, 1,016.91 square meters and it is known as Bapujinagar Park situated in Ward No.134 of Bangalore South.

3. Learned counsel appearing for respondent Nos.1 to 4 - BBMP, now Greater Bengaluru Authority, upon instructions submits that the health centre is adjoining the park and the area of 1,016.91 square meters of park area is not encroached upon for the purpose of the hospital.

4. Recording the submission of learned counsel appearing for the Greater Bengaluru Authority, the writ petition is disposed of directing them to maintain 1,016.91 square meters of area as reserved for park. In case of any encroachment, the petitioner is given liberty to approach the appropriate forum in accordance with and to redress their grievance.