Karnataka High Court Asks BBMP and BDA To List Steps Which Will Be Taken For Proper Maintenance Of Parks/Gardens In Bengaluru

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty while issuing notice to the respondents—State government, Corporation and Bengaluru Development Authority said "Apart from the provisions of Karnataka Parks playfield and open space, (preservation and regulations ) Act 1985 and Karnataka Government Parks (Preservation) 1975), clause 25 of section 58 of Karnataka Municipal Corporations Act, it is the obligatory function of BBMP to make provisions regarding public parks, gardens, recreations grounds and playgrounds. This obligation will include proper maintenance of gardens/ parks public parks and recreational grounds."

Advocate Venkatesh P Dalwai appearing for the petitioner HIGH COURT LEGAL SERVICES COMMITTEE, informed the court that section 8 of the KARNATAKA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1985,  which deals with Prohibition of construction of buildings etc on parks and gardens, should be strictly followed by the respondents.

Following which the bench said "It is the duty of all the respondents to ensure that section 8 of the Act is scrupulously implemented and construction on parks/playfield or open spaces as governed by provisions of the said Act of 1985, is strictly prohibited."

As per the list submitted to the court which is available on the website of BBMP, there are 1010 parks within its jurisdiction. As per the list under the column "present condition' of parks/gardens in many cases it is blank. In some cases BBMP has itself recorded the remark 'average'.

The plea states that "Though there is duty cast upon the respondents they appear to have not taken any effective steps for proper implementation of the Acts, thereby causing untold hardships and inconvenience to the general public."

The plea prays for strict implementation of the provisions of the enactments and to ensure parks, gardens etc are properly maintained. The matter will be heard further on January 27, 2021.