Sites For Civic Amenities Like Parks, Healthcare Centres Crucial In Shaping Quality Of Urban Life, Cannot Be Sold: Karnataka High Court

The Karnataka High Court has set aside an order passed by the Deputy Commissioner (Belgavi) resolving to sell a plot reserved for civic amenities by invoking Section 72(2) of the Karnataka Municipalities Act.

The provision enables every municipal council to lease or sale or otherwise transfer any movable or immovable property owned by the local authority, so far as is not inconsistent with the provisions and purposes of the Act.

A Single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad observed,

“Civic amenity sites play a crucial role in shaping the quality of life within urban areas. These sites are designated for the establishment of essential public amenities such as parks, community centers, schools, healthcare facilities, and other services that contribute to the overall well-being of residents.”

The bench on going through the records noted that as per the Karnataka Urban Development Act, the prohibition of selling civic amenity sites is a fundamental principle that aims to ensure the sustained availability of these amenities for the public.

Court said one of the key reasons behind the prohibition on the sale of civic amenity sites is to prevent the potential misuse or commercialization of these spaces and thus, allowing the sale of such sites could lead to their transformation into private properties, undermining their original purpose.

It said,

“The Karnataka Urban Development Act, guided by the principles of sustainable urban planning, recognizes that civic amenity sites are not mere parcels of land, but integral components of the urban landscape that directly impact the quality of life of residents. By designating specific areas for civic amenities, the Act aims to create vibrant and livable urban environments that cater to the diverse needs of the population.”

Court reminded the Deputy Commissioner that local authorities are designated only as custodians of these sites; civic amenity sites do not absolutely vest with local authorities. “This custodianship emphasises the long-term commitment of local authorities to maintain and develop these sites in a manner that benefits the community. The preservation of civic amenity sites aligns with broader urban development goals. Access to green spaces, educational institutions, healthcare facilities, and recreational areas enhances the quality of life, promotes community interaction, and contributes to the physical and mental wellbeing of residents. Prohibiting the sale of these sites reflects a forward-thinking approach that values the holistic development of urban areas over short-term economic gains,” it observed.

Court further pointed that Section 3 of Karnataka Urban Development (Allotment of Civic Amenity Sites) Rules 1991 empower the authority only to lease a civic amenity site, after considering any reservations. “Therefore, even under Karnataka Urban Development Act, a civic amenity site at the most can be leased and there cannot be outright sale. If the local bodies and the revenue authorities are given a free hand to meddle with civic amenity sites, that would defeat the very purpose of notifying or reserving some place in a developed layout for a specific purpose,” Court held.

Appearance: Advocate Laxman T Mantagani for Petitioner.

HCGP P.N. Hatti for R1, R2 & R4.

Advocates Srinand A Pachchapure, Rajendra Patil for R3.

Citation: 2023 LiveLaw (Kar) 359

Case Title: Mohan Vasudev Chavan And State of Karnataka & Others

Date of Order: 29-08-2023

Case No: WRIT PETITION NO. 102318 OF 2016

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