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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.5633 OF 2021 (BDA-PIL)

BETWEEN:

SRI VENKATESHA M

S/O DODDAMUNIYAPPA,

AGED ABOUT 45 YEARS,

LAKSHMI NIVASAM, NO.7, FLAT NO.G1,

10^TH CROSS, 100 FEET BDA ROAD,

CHARIMAN LAYOUT, BANASWADI,

BANGALORE-560043

...PETITIONER

(BY SRI.SAILESH S KATAREY, ADVOCATE)

AND:

1. THE CHAIRMAN,

BANGALORE DEVELOPMENT AUTHORITY

KUMARA PARK WEST, T CHOWDAIAH ROAD,

BENGALURU-560001

2. THE COMMISSIONER

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST, T CHOWDAIAH ROAD,

BANGALORE-560001

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3. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

NR ROAD, BANGALORE-560009

4. THE SECRETARY

GOVERNMENT OF KARNATAKA,

DEPARTMENT OF URBAN DEVELOPMENT,

VIDHANA SOUDHA, DR AMBEDKAR BEEDHI,

BANGALORE-560001

5. THE CHAIRMAN

VYALIKAVAL HOUSE BUILDING

CO-OPERATIVE SOCIETY LIMITED,

NO.100, 11^TH CROSS, 6^TH MAIN,

MALLESHWARAM, BANGALORE-560003

…RESPONDENTS

(BY SRI.G.LAKSHMEESH RAO, ADVOCATE FOR R1 & R2;

SRI.N.K.RAMESH, ADVOCATE FOR R3;

SMT.VANI.H, AGA FOR R4;

R5 SERVED & UNREPRESENTED)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION

OF

INDIA

PRAYING

TO

a)ISSUE

A

WRIT,

DIRECTION OR AN ORDER DECLARING THAT THE SITE EARMARKED

AS A CIVIC AMENITY SITE BE RESTORED TO THE CURRENT STATUS

AND ANY ALIENATION BY WAY OF LEASE, SALE ETC., BE

DECLARED ILLEGAL AND ETC.,

THIS PETITION COMING ON FOR ORDERS THIS DAY,

SACHIN SHANKAR MAGADUM J., MADE THE FOLLOWING:

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ORDER

The captioned writ petition is filed in the nature of public

interest litigation seeking a writ in the nature of mandamus to

declare the site earmarked as a civic amenity site and the

same may be restored to current status by demolishing the

illegal structures put up in the civic amenity site.

2.

The grievance in the present public interest

litigation is that the respondent No.5 which is a House Building

Co-operative Society Limited has formed a private layout for

its members in Sy.Nos.377/2, 377/3, 377/4, 377/5, 377/6,

376/1, 372/2, 376/3, 375/1, 375/2, 374/1, 359/1 and 359/2

of Marrenahalli Village, Kempapura Agrahara, Kasaba Hobli,

Bangalore North Taluk. The petitioner claim that the layout

plan submitted by respondent No.5 for approval prescribed the

lands earmarked for playground and also for civic amenity

site. The petitioner claim that both park and civic amenity site

measure to an extent of 1 acre out of total 20 acres where the

layout is developed. The petitioner contend that the

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respondent No.5 has formed a residential layout and

thereafter sites have been distributed to its members and the

residents residing in the said layout are utilizing the portion

earmarked as park and civic amenity site for several years.

3.

The petitioner has specifically alleged that though

respondent No.5 can utilize only 50% of the entire layout for

formation of residential sites, however, respondent No.5 has

exceeded the said limit and has formed sites to an extent of

62% of the total area. The petitioner has specifically claimed

that the area notified as park and civic amenity site has been

sold by the respondent No.5 and therefore the entire layout is

utilized for residential purpose thereby depriving open lung

space for the residents of the said layout. On these set of

grounds, the present writ petition is filed.

4.

This Court vide order dated 22.07.2021 directed

the respondent Nos.2 and 3 to conduct a joint survey and to

place the report before this Court. The respondents having

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conducted a joint survey submitted a report on 13.08.2021.

This Court having perused the joint survey report found that

certain violations of sanctioned layout plan were indicated in

the joint survey report. Having perused the joint survey

rep