THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM RESPONDENT NOS. 1 TO 3 RELATING TO THE CIVIC AMENITY (CA) SITE NO. 13 EARMARKED AS PARK AND OPEN SPACE, SITUATED IN SY. NOS. 76A, 77A, 80 AND 81 OF HEGGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK AS SHOWN IN ANNEXURE-C. B) CALL FOR THE ENTIRE RECORDS FROM RESPONDENT NOS. 1 TO 3 PERTAINING TO THE 30 FEET ROAD TRAVERSING THROUGH SY. NOS. 76A, 77A, 80, 81, 74 AND 76 OF HEGGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, INCLUDING ALL DOCUMENTS RELATING TO ITS FORMATION, ALIGNMENT, APPROVAL, CLASSIFICATION AND PRESENT STATUS AS SHOWN IN ANNEXURE D. C) DIRECT TO APPOINT AN ADVOCATE COMMISSIONER, OR ANY OTHER FIT PERSON, TO INSPECT THE CIVIC AMENITY SITE AND THE ADJOINING 30 FEET ROAD, ASCERTAIN AND RECORD THE PRESENT PHYSICAL STATUS, NATURE AND EXTENT OF CONSTRUCTION OR ENCROACHMENT, PRESENT USE OF THE LAND, AND ANY DEVIATIONS FROM THE SANCTIONED LAYOUT PLAN BEARING NO. BMRDA/LAO/29/97-98 DATED 06.08.1997 AS AMENDED ON 20.12.1999 AND THE SANCTIONED PLAN BEARING CC NO. BIAAPA/TPL/LAO/183/2004-05 DATED 06.09.2004, AND TO SUBMIT A REPORT WITH PHOTOGRAPHS AND MEASUREMENTS WITHIN SUCH TIME AS THIS HONBLE COURT MAY DEEM FIT AT ANNEXURES C AND D. D) DIRECTING THE RESPONDENT AUTHORITIES TO DEMOLISH AND REMOVE THE UNAUTHORISED CONSTRUCTION RAISED BY RESPONDENT NO. 4 ON THE CIVIC AMENITY (CA) SITE EARMARKED FOR PARK PURPOSES AT ANNEXURE C. E) DECLARE THAT THE PRIVATE OCCUPATION AND UTILISATION OF THE SAID CA SITE BY RESPONDENT NO. 4 IS ILLEGAL, UNCONSTITUTIONAL, AND VOID AB INITIO AT ANNEXURE C. F) DIRECT THE RESPONDENT AUTHORITIES TO RESTORE THE 30 FEET ROAD STRICTLY IN ACCORDANCE WITH THE SANCTIONED PLAN BEARING CC NO. BIAAPA/TPL/LAO/183/2004-05 DATED 06.09.2004, AND TO DEVELOP, MAINTAIN AND KEEP THE SAME OPEN AND UNOBSTRUCTED FOR USE BY THE GENERAL PUBLIC AT ANNEXURE D. G) DIRECTION RESTRAINING THE RESPONDENTS, THEIR AGENTS, OR ANY PRIVATE PARTIES FROM USING OR PERMITTING THE USE OF THE CA SITE AND THE ADJOINING 30 FEET ROAD FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS EARMARKED UNDER THE SANCTIONED LAYOUT PLAN AT ANNEXURE C & D.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

1. The captioned petition is filed seeking the following reliefs:

"a) Call for entire records from Respondent Nos.1 to 3 relating to the Civic Amenity (CA) Site No.13 earmarked as park and open space, situated in Sy.Nos.76A, 77A, 80 and 81 of Hegganahalli Village, Kundana Hobli, Devanahalli Taluk as shown in Annexure-C;

b) Call for the entire records from Respondent Nos.1 to 3 pertaining to the 30 feet road traversing through Sy.Nos.76A, 77A, 80, 81, 74 and 76 of Hegganahalli Village, Kundana Hobli, Devanahalli Taluk, including all documents relating to its formation, alignment, approval, classification and present status as shown in Annexure-D;

c) Direct to appoint an Advocate Commissioner, or any other fit person, to inspect the Civic Amenity site and the adjoining 30 feet road, ascertain and record the present physical status, nature and extent of construction or encroachment, present use of the land, and any deviations from the sanctioned layout plan bearing No.BMRDA/LAO/29/97-98 dated 06.08.1997 and the sanctioned plan bearing CC No.BIAAPA/TPL/LAO/183/2004-05 dated 06.09.2004, and to submit a report with photographs and measurements within such time as this Hon'ble Court may deem fit at Annexures - C & D;

d) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondent authorities to demolish and remove the unauthorized constructions raised by Respondent No.4 on the Civic Amenity (CA) site earmarked for park purposes at Annexure-C;

e) Declare that the private occupation and utilization of the said CA site by Respondent No.4 is illegal, unconstitutional, and void ab init