Petitioner Kariyappa had contended that a litigation over the ownership of the property was pending over Survey 1/7, measuring 28 guntas in Nagarabhavi village of Yeshwantpur hobli.
The petitioner said one of the respondents had pushed for the BDA approval of a layout, which included these 28 guntas. As a result, the BDA, after the approval of the layout, had earmarked the area as a civic amenity site under the Comprehensive Development Plan.
Further, the land was transferred to the BBMP for the development of a park. The Palike had recently fenced the land to form a park, the petitioner said.
He said the BBMP had no authority to develop such a park when the matter was pending before the high court.
Justice B V Nagarathna ruled that the BBMP could not proceed with the construction of a park till the owners of the said property were decided.
Affidavit sought
The Karnataka High Court on Friday directed the Bruhat Bangalore Mahanagara Palike to file, within eight weeks, an affidavit on garbage collection in the City.
A Division Bench comprising Chief Justice J S Khehar and Justice A S Bopanna, while hearing a petition by Neeraj Mishra, suggested the Palike to consider use of closed containers for garbage collection.
The Bench felt that the problem of piling garbage should be looked at from humanitarian angle.
The petitioner had stated that the park adjoining his house had turned into a garbage dumping yard and the Palike failed to clear the pile up despite repeated requests.
The Palike, in its submission, claimed that the garbage was being cleared as soon as it piled up.
However, not satisfied with the reply, the court directed the BBMP to file an affidavit on the steps taken to maintain cleanliness and feasibility of using closed containers.
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