Karnataka High Court
The High Court Legal Services Committee vs The State Of Karnataka on 27 February, 2025
-1-
NC: 2025:KHC:8606-DB
WP No. 5526 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 5526 OF 2020 (GM-RES-PIL)
BETWEEN:
1. THE HIGH COURT LEGAL
LEGAL SERVICES COMMITTEE
HIGH COURT OF KARNATAKA BUILDING
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY.
...PETITIONER
(BY SRI VENKATESH P. DALWAI, ADVOCATE)
Digitally AND:
signed by H
K HEMA
Location: 1. THE STATE OF KARNATAKA
High Court
of Karnataka REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
BENGALURU - 560 001.
2. THE BRUHATH BENGALURU
MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER
RANI CHENNAMMA VRUTHA
BENGALURU - 560 001.
-2-
NC: 2025:KHC:8606-DB
WP No. 5526 of 2020
3. THE BENGALURU DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
H. SIDDAIAH ROAD
BENGALURU - 560 020.
4. THE BELGAUM CITY MUNICIPAL CORPORATION
BELGAUM - 1
REPRESENTED BY ITS COMMISSIONER.
5. THE BELLARY CITY MUNICIPAL CORPORATION
BELLARY - 1
REPRESENTED BY ITS COMMISSIONER.
6. THE DAVANGERE MAHANAGARA PALIKE
DAVANGERE - 1
REPRESENTED BY ITS COMMISSIONER.
7. THE HUBLI-DHARWAD CITY MUNICIPAL
CORPORATION
SIR SIDDAPPA KAMBLI ROAD
HUBLI - 1
REPRESENTED BY ITS COMMISSIONER.
8. THE KALBURGI MAHANAGARA PALIKE
JAGAT CIRCLE ROAD
KALBURGI - 1
REPRESENTED BY ITS COMMISSIONER.
9. THE MANGALORE CITY CORPORATION
BELGAUM - 1
REPRESENTED BY ITS COMMISSIONER.
10. THE MYSORE CITY CORPORATION
SAYYAJI RAO ROAD
MYSORE - 1
REPRESENTED BY ITS COMMISSIONER.
11. THE ULLALA CITY MUNICIPAL CORPORATION
ULLALA, DAKSHINA KANNADA
-3-
NC: 2025:KHC:8606-DB
WP No. 5526 of 2020
REPRESENTED BY ITS COMMISSIONER.
12. YADGIR CITY CORPORATION
MUNCIPLE BUILDING
YADGIR DISTRICT -1
REPRESENTED BY ITS COMMISSIONER.
13. TUMKUR CITY CORPORATION
TOWN HALL, BHAGWAN MAHAVER ROAD
TUMKUR - 1
REPRESENTED BY ITS COMMISSIONER.
14. VIJAYAPURA CITY CORPORATION
BAGALKOT ROAD
VIJAYAPURA - 1
REPRESENTED BY ITS COMMISSIONER.
15. SHIVAMOGGA CITY CORPORATION
OPPOSITE GANDHI PARK
SHIVAMOGGA - 1
REPRESENTED BY ITS COMMISSIONER.
(RESPONDENT NOS.4 TO 15 ARE
IMPLEADED VIDE COURT ORDER
DATED 29.06.2021).
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.1;
SRI B.L. SANJEEV, ADVOCATE FOR R.2;
SRI G. LAKSHMEESH RAO, ADVOCATE FOR R.3;
MS. M. SUMANA BALIGA, ADVOCATE FOR R.4;
SRI UDAYA, ADVOCATE FOR R.5;
SRI B.K. MANJUNATH, ADVOCATE FOR R.6;
SRI SUMANGALA GACHCHINAMATH, ADVOCATE FOR R.7;
SRI MOHAN BHAT, ADVOCATE FOR R.10;
SRI SUBRAMANYA R., ADVOCATE FOR R.13;
SRI G. RAVISHANKAR, ADVOCATE FOR R.15;
R.NOS.8, 9, 11, 12 AND 14 ARE SERVED
AND UNREPRESENTED.)
-4-
NC: 2025:KHC:8606-DB
WP No. 5526 of 2020
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE
RESPONDENTS 1 TO 15 TO MAINTAIN, DEVELOP, PRESERVE,
REGULATE AND PROTECT ALL PARKS, PLAYGROUNDS AND
OPEN SPACES IN AN HYGIENIC CONDITION FOR THE USE OF
GENERAL PUBLIC AND ALSO DIRECT THE RESPONDENTS
NO.1 TO 15 TO TAKE NECESSARY EFFECTIVE STEPS FOR
IMPLEMENTATION OF THE KARNATAKA PARKS, PLAY FIELDS
AND OPEN (REGULATION AND PRESERVATION) ACT, 1985, IN
THE INTEREST OF JUSTICE AND ALSO UNDER THE
KARNATAKA GOVERNMENT PARKS AND (PRESERVATION)
ACT, 1975 THE ACT AND GUIDELINES AND EQUITY.
(ANNEXURES-C AND D) AND ISSUE ANY OTHER WRIT OR
ORDER OR DIRECTION AND GRANT SUCH OTHER AND
FURTHER RELIEFS AS DEEMS FIT IN THE CIRCUMSTANCES
OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY,
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
-5-
NC: 2025:KHC:8606-DB
WP No. 5526 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE M.I.ARUN)
This is a public interest writ petition filed with the purpose of
preventing misuse of parks, play-fields and other open spaces in
the State. The same is filed with the following prayers:
"Wherefore, the Petitioner above named most
respectfully prays that this Hon'ble Court may be
pleased to;
(a) Issue a writ in the nature of mandamus or any other
writ or order or direction, directing the Respondents 1 to
15 to Maintain, Develop, Preserve, Regulate and
Protect all Parks, Playgrounds and Open spaces in an
hygienic condition for the use of general public; and also
direct the Respondents No.1 to 15 to take necessary
effective steps for implementation of the Karnataka
Parks, Play fields and Open (Regulation and
Preservation) Act, 1985, in the interest of justice and
also under the Karnataka Government Parks and
(Preservation) Act, 1975 the Act and guidelines and
equity. (Annexure-C and D)
(b) Issue any other Writ or Order or Direction and Grant
such other and further reliefs as deems fit in the
circumstances of the case in the interest of justice and
equity.
Amended Prayer;-
(c) This Hon'ble High court may be pleased to issue
following directions;-
17.C.1; - All parks, play fields and open spaces either in
the list under Section 4 and 5 of the Act of 1985 or
NC: 2025:KHC:8606-DB
vested with local authority or under the control of private
owner needs to be fenced with one or multiple entry and
exit in order to prevent encroachment by the
Respondent No. 1 to 15 within their respective
jurisdiction in the interest of justice.
17.C.2;- All parks, play fields and open spaces either in
the list under Section 4 and 5 of the Act of 1985 or
vested with local authority or under the control of private
owner needs to be monitored under CCTV cameras with
one month storage facility by the Respondent No. 1 to
15 within their respective jurisdiction in the interest of
justice.
17.C.3;- Kindly direct periodical maintenance/checks of
the Parks, Play Fields and Open spaces by the
Respondent No. 1 to 15 within their respective
jurisdiction in the interest of justice.
17.C.4;- Kindly direct the Respondent No. 1 to create
Centralised Web-portal to place the list of parks, play
fields and open spaces for the entire state and also
web-portal to have grievance or complaint Redressal
system to enable citizen to point out non-maintenance
or contravention of provisions of the Act with photo
uploading facilities in the interest of justice.
17.C.5;- Direct the Respondent No. 1 to appoint the
Deputy Commissioner of each district to be Citizen
grievance authority with reference to Parks, Open
Spaces and Play fields in the interest of justice."
2. The aforementioned writ petition was filed in the year 2020
and this Court has sought the report of various Authorities as to
how parks, play-fields and open spaces have been maintained and
in this regard, several affidavits and documents have been
NC: 2025:KHC:8606-DB
produced by the Authorities concerned evidencing the steps that
have been taken by the State to preserve the same in accordance
with law.
3. It is submitted by the learned advocates appearing for the
Bruhat Bengaluru Mahanagara Palike, the Bangalore Development
Authority and also the State Government that the Karnataka Parks,
Play-Fields and Open Spaces (Preservation and Regulation) Act,
1985 has been passed with the following object:
"In view of the increasing demand for residential
and commercial sites in the urban areas, a number of
Parks, Play-fields and open spaces are being converted
into sites and for other such uses. In order to provide
necessary space for recreation to the residents of each
locality it is necessary to preserve parks, play-fields and
open spaces and to put an end to the practice of
converting such lands into other uses."
That the State and Authorities concerned undertakes to
manage the parks, play-fields and open spaces in the State of
Karnataka as per the said enactment and also such other laws
applicable. It is further submitted that all steps necessary to
prevent encroachment and misuse of the same will be carried out.
Recording the said submission, the writ petition is disposed of with
NC: 2025:KHC:8606-DB
a direction to the respondents to preserve and maintain the parks,
play-fields and open spaces in accordance with law.
Pending interlocutory applications, if any, stand disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
