HC prohibits construction inside Rajajinagar park

The High Court on Wednesday prohibited Bruhat Bengaluru Mahanagara Palike (BBMP) from putting up any construction inside the Gayatri Devi Park at Prakash
Nagar, in the Rajajinagar assembly constituency, in the city. A division bench headed by Acting Chief Justice Alok Aradhe passed this order in reply to a PIL filed by J Srinivas and others.

The court said that any construction that affects the utility of the park is in violation of section 8 of Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1985. In the PIL filed in 2018, the petitioners had contended that the BBMP had proposed to construct a swimming pool, a gym and gazebos inside the park, in violation of the provisions of the 1985 Act and the Rules. The petitioners submitted that there is a prohibition under section 8 of the Act on any structure that is likely to affect the utility of the park, play-field or open space or make any encroachment in or over any park.

After perusing the material, the division bench also pointed out that as per rule 6 of the Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Rules, only some constructions such as pump houses, and benches are permitted.

The court said that a conjoint reading of section 8 (1) of the Act and Rule 6 make it clear that structures that are likely to affect the utility of the park shall not be permitted.

“Admittedly, the proposed construction which is sought to be constructed, namely the swimming pool inside the park will affect the utility of the park. The same is therefore prohibited under section 8(1) of the Act. The BBMP is therefore prohibited from raising any construction inside the park and in contravention of section 8 (1) read with rule 6 of the rules,” the bench said.