BENGALURU: The Karnataka High Court had directed the Bangalore Development Authority (BDA) to remove illegal constructions on an one-acre civic amenity site at a private layout formed by the Vyalikaval House Building Cooperative Society in Bangalore North taluk. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the order while disposing public interest litigation filed by M Venkatesha, a resident of Banasawadi in the city.
The court noted that the law mandates that authorities should secure possession of parks and civic amenity sites which are part and parcel of a private-approved layout through registered relinquishment deed free of cost. The said parks and civic amenity sites should be made available to the public at large. The inaction on the part of the BDA in not insisting for relinquishment of the park area and civic amenity site has resulted in encroachments, it said.
“We direct the BDA Commissioner to forthwith remove illegal constructions reserved for civic amenity and secure transfer of those areas under registered documents free of cost in terms of the Revised Master Plan 2015. This exercise should be completed within three months and a compliance report should be furnished with the Registry of this Court,” the court said.
The petitioner alleged that though Vyalikaval House Building Cooperative Society can utilise only 50 percent of the entire layout for formation of residential sites, it has exceeded the limit and formed sites to an extent of 62 per cent of the total area.
The petitioner also claimed that the area notified as park and civic amenity site was sold by the cooperative society and the entire layout was being utilised for residential purpose, depriving an open lung space for residents of the layout.