BENGALURU: Taking serious note of the failure of Bangalore Development Authority (BDA) in maintaining civic amenity sites, the Karnataka High Court directed BDA to maintain these sites scrupulously and ensure that no other land reserved for parks in the city is encroached in any manner. The court also set BDA a six-month deadline to complete development of parks, if work was pending.
A division bench of Chief Justice Dinesh Maheshwari and Justice S Sujatha passed this order while disposing of a public interest litigation filed by Abhaya, a federation of residents welfare associations of Ward 54, Srinivasanagar, in city.
The petitioner moved court, seeking direction to BDA and BBMP to preserve and maintain three acres of land bearing survey No. 90 at Chamundinagara slum, Hosakerehalli, in Bengaluru South taluk as a park, and also sought direction to the Karnataka Slum Clearance Board to cooperate with BDA and BBMP to evacuate illegal occupants on land reserved for parks.
Observing that complications and contradictions have arisen only due to the BDA’s fault, the court said, “Wherever the development of parks has remained pending, work shall be taken up by BDA at the earliest, and be completed within six months from today.”
Explaining the necessity of parks in the judgment pronounced on Friday, the court said: “Protection of environment and other conveniences or amenities are matters of public concern and are to be taken care of in development schemes, including providing public parks to ensure lung space to the people of the locality to ensure a healthy life.” It observed that public parks are reflections of the quality of life in a community, explaining the importance of enactment of Karnataka Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act by the Karnataka government.
“We direct BDA to develop 1 acre 3 guntas as a public park within six months,” the court said. In order to compensate for park land lost due to the illegal action of BDA, the court ordered the civic authority to provide and develop 2 acres as a park in a nearby area.
‘Apologies not enough’
Taking serious exception to the BDA’s differing statements on this matter, the court referred to the affidavit filed by the BDA commissioner, seeking apology. “Expressing unconditional apologies to this court for having made certain statements before this court and Supreme Court would not cure the defects as also the defaults. Such action of the BDA could only be deprecated,” the court said.
It also said that transfer of land to the Slum Clearance Board beyond 35 guntas by BDA is entirely illegal.
On disturbing slum dwellers, the court said that at present, if the land in question is sought to be restored to its original position, it will cause more hazard, while putting slum-dwellers as also slum clearance into a chaotic situation.