- 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) AND: 1. THE STATE 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. Digitally signed by H K HEMA Location: High Court of Karnataka - 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 - 6 - NC: 2025:KHC:8606-DB WP No. 5526 of 2020 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 - 7 - NC: 2025:KHC:8606-DB WP No. 5526 of 2020 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 - 8 - NC: 2025:KHC:8606-DB WP No. 5526 of 2020 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 List No.: 1 Sl No.: 118