Karnataka High Court Prohibits BBMP From Constructing Swimming Pool, Gym In 30 Yrs Old Public Park

A division bench of Acting Chief Justice Alok Aradhe and Justice J M Khazi while allowing the petition filed by social activist J Srinivas and others said,

"No person is permitted to construct any building or put up any structure likely to affect the utility of the park. The proposed construction which is sought to be raised by the respondent No.2 - BBMP viz., i.e., construction of swimming pool and Gymnasium inside the park is not permitted under Section 8(1) of the Act and would affect the utility of the park, the same is therefore prohibited under Section 8(1) of the Act."

The petitioners had contended that the park in question was set up about more than 30 years ago, which has been included in the list of approved parks, within the meaning of Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Act, 1985. It was alleged that BBMP sought to turn the park into a "concrete Jungle", in violation of the provisions of the Act and the rules framed thereunder, by constructing a swimming pool, multi-gym inside the park.

It was said that Section 8 of the Act prohibits construction of any building or putting up of any structure, which is likely to affect the utility of the park, play field or open space. Thus, the proposed construction was said to be in contravention of Section 8(1) of the Act as well as Rule 6 of the Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Rules, 1985.

Following which the court opined, "The open spaces for parks protect the residents of the locality from ill effects of urbanisation. The Act has been enacted with an object to provide residents of the locality a quiet place free of pollution where children can play and adults can rest and breathe fresh air."

It added, "The Act which is inter-alia enacted to provide necessary space for recreation to residents of the locality and with a view to preserve parks, play fields and open spaces and to put an end to the practice of converting such lands into other uses."

Accordingly, the writ petition was allowed.

Case Title: J SRINIVAS & Others v. STATE OF KARNATAKA & Others

Case No: W.P.NO.45466 OF 2018

Citation: 2022 LiveLaw (Kar) 268

Date of Order: 13TH DAY OF JULY 2022

Appearance: Advocate G.R.MOHAN for petitioners; Advocate PAWAN KUMAR FOR Advocate H.DEVENDRAPPA, FOR R2 & R3; AGA VIJAY KUMAR A PATIL FOR R1

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