The State government and the Bruhat Bengaluru Mahanagara Palike (BBMP) on Thursday gave an undertaking to the High Court of Karnataka that they will not construct Indira canteens on notified parks, playgrounds and open spaces in violation of Section 8 of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985.
They also assured the court that no canteen would be constructed on storm-water drains (SWD), except in the exempted areas of the buffer zones of the SWD in the city.
However, both the State government and the BBMP told the court that the open spaces earmarked for ‘public utilities’ would be utilised for construction of canteens for which no permission is required under the Act whereas permission from the executive authority is required for using parks, playfields and open spaces, which are notified under Section 4 of the Act, for certain purposes.
The undertaking was given before a Division Bench comprising Justice Jayant M. Patel and Justice S. Sujatha during an urgent hearing on a public interest litigation petition filed by S. Venkata Rathnaiah.
The petitioner had complained that parks, playgrounds and open spaces are being used by the BBMP for construction of Indira canteens.
What the law says
Section 8 of the Act states that no person shall construct any building or put up any structure likely to affect the utility of the park, playfield or open space or make any encroachment in or over any park, playfield or open space specified in the list published under Section 4 or Section 5, provided that the executive authority may, subject to such rules as may be prescribed, permit the construction of such buildings or putting up of such structures as may be necessary for the improvement or more beneficial utilisation of the park, playfield or open space. The Bench disposed of the PIL petition by directing both the State government and the BBMP to adhere to the undertaking.
They also assured the court that no canteen would be constructed on storm-water drains (SWD), except in the exempted areas of the buffer zones of the SWD in the city.
However, both the State government and the BBMP told the court that the open spaces earmarked for ‘public utilities’ would be utilised for construction of canteens for which no permission is required under the Act whereas permission from the executive authority is required for using parks, playfields and open spaces, which are notified under Section 4 of the Act, for certain purposes.
The undertaking was given before a Division Bench comprising Justice Jayant M. Patel and Justice S. Sujatha during an urgent hearing on a public interest litigation petition filed by S. Venkata Rathnaiah.
The petitioner had complained that parks, playgrounds and open spaces are being used by the BBMP for construction of Indira canteens.
What the law says
Section 8 of the Act states that no person shall construct any building or put up any structure likely to affect the utility of the park, playfield or open space or make any encroachment in or over any park, playfield or open space specified in the list published under Section 4 or Section 5, provided that the executive authority may, subject to such rules as may be prescribed, permit the construction of such buildings or putting up of such structures as may be necessary for the improvement or more beneficial utilisation of the park, playfield or open space. The Bench disposed of the PIL petition by directing both the State government and the BBMP to adhere to the undertaking.