- 1 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 29482 OF 2023 (LB-RES) BETWEEN: 1. NAGAREEKA VEDIKE (R), BANASHANKARI 2ND STAGE, MUNESHWARA SWAMY TEMPLE PREMISES, S.S. PURAM POST, TUMKUR 572 102. A SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT, BEARING REGISTRATION No.S.O.C 132/2000-01, REPRESENTED BY ITS SECRETARY -SHANKAR, 2. SRI. CHIKKARAMAIAHA T.M., S/O LATE MUDDAIAH, AGED ABOUT 81 YEARS, AGRICULTURIST, R/AT BANASHANKARI 2ND STAGE, KUMUTIAHA LAYOUT, 1ST MAIN, TUMKURU 572 102, PAN No.ARXPC5053H, ADHAAR No.9335 6156 5525. 3. SRI. JAYANNA N. H., S/O LATE HUCHCHAPPA, AGED ABOUT 67 YEARS, RETIRED H.M.T. EMPLOYEE, R/AT BANASHANKARI 2ND STAGE KUMUTIAH LAYOUT, 1ST MAIN, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 TUMKUR 572 102. PAN No.AZHPJ7187K, AADHAAR No.8434 4417 6390. 4. SHANKAR, S/O LATE NANJUNDAIAH, AGED ABOUT 65 YEARS, RETIRED HEAD MASTER, R/AT 3RD MAIN, 5TH CROSS, BANASHANKARI 2ND STAGE, KUMUTIAH LAYOUT, 1ST MAIN TUMKUR 572 102. PAN No. ARRPS4262J, AADHAAR No. 2895 4093 8590. 5. SRI. SHIVANNA S/O LATE GIRIYAPPA, AGED ABOTU 71 YEARS, RETIRED KPSC EMPLOYEE, R/AT 4TH MAIN, 1ST CROSS, BANASHANKARI 2ND STAGE, KUMUTIAHA LAYOUT, TUMKRU 572 102. PAN No.C V V P S 4590 P, AADHAAR No. 6745 4819 5512. 6. SMT. USHA M.H., W/O LAKSHMIKANTHA, AGED ABOUT 40 YEARS, WORKING GOVT. SCHOOL TEACHER, R/AT 2ND MAIN, BEHIND RAMA KRISHNA ASHRAMA, AMARJYOTHI NAGAR, ADJACENT TO KUMUTAIAH LAYOUT, TUMKUR 572 102. PAN No.ADPPU 7345 C, AADHAAR No. 7477 7462 8535. 7. SRI. K. UDAY KUMAR, S/O LATE N. KEMPAIAH, AGED ABOUT 54 YEARS, WORKS IN THE PRIVATE COMPANY, BY NAME TTP TECHNOLOGIES, - 3 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 R/AT ASHODAYA, YALACHI CROSS ROAD, MARALOORU DINNE MAIN ROAD, BANASHANKARI 2ND STAGE, KUMUTIAHA LAYOUT, TUMKUR 572 102. PAN No.ADBPU3537E AADHAAR No.8655 1723 1686. 8. SRI. H.S. BETASWAMAIAH, S/O LATE SRI. SIDDARANGAIAH, AGED ABOUT 73 YEARS, RETD, EDUCATION DEPT. EMPLOYEE R/AT 4TH MAIN, 1ST CROSS, BANASHANKARI 2ND STAGE, KUMUTIAHA LAYOUT, TUMKUR 572 102. PAN No. CISPB5759H AADHAAR No.4534 9868 0905. 9. SRI. NATARAJA, S/O NANJAPPA, AGED ABOUT 49 YEARS, WORKING AS GOVT. SCHOOL TEACHER, PERMANENTLY R/AT THIPPASANDRA, MAGADI TALUK, RAMANAGARA DISTRICT-562 131. PAN No. AIYPN4979M, AADHAAR No. 8591 5378 8346. …PETITIONERS (BY SRI KISHAN G. S., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGLAORE 560 001. - 4 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 2. DEPUTY COMMISSIONER, TUMKURU DISTRICT, MINI VIDHANA SOUDHA, TUMKURU 572 102. 3. THE COMMISSIONER, TUMKURU CITY MUNICIPAL CORPORATION, TOWN HALL CIRCLE, TUMKUR 572 102. 4. THE COMMISSIONER, TUMKUR URBAN DEVELOPMENT AUTHORITY, KUVEMPU NAGAR, TUMKURU 572 102. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2; SRI R.SUBRAMANYA, ADVOCATE FOR R3; SRI T.P. VIVEKANANDA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO EVICT THE ILLEGAL SQUATTERS IN THE DESIGNATED PUBLIC PARK MEASURING ABOUT 61,789 SQ.FT. OF AREA WHICH IS FORMED IN SY.No.39/2, 40/1, 40/2 AND 40/3 OF UPPARAHALLI VILLAGE WHICH IS CURRENTLY PART OF THE BANASHANKARI 2ND STAGE LAYOUT, TUMKUR. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned advocate Mr. G.S. Kishan for the petitioners, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 and 2, learned advocate Mr. R. Subramanya for respondent No.3 and learned advocate Mr. T.P. Vivekananda for respondent No.4. 2. The present petition, styled as a public interest litigation, is filed with a prayer to direct the respondent authorities to evict illegal squatters from the designated public park formed in Sy. Nos. 39/2, 40/1, 40/2, and 40/3 of Upparahalli Village, Banashankari II Stage Layout, Tumakuru. 3. It is stated that petitioner No.1 is a registered body under the provisions of the Karnataka Societies Registration Act, 1960, constituted with the object of - 6 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 promoting and securing the welfare of the residents of Banashankari II Stage Layout, Tumakuru. It is further stated that petitioner Nos.2 to 9 are residents of the said layout and are residing therein in their respective residential houses. 4. It is stated that while forming the layout, namely Banashankari II Stage Layout, a portion of land was earmarked as a public space/park for a specific purpose and for the benefit of the residents as well as the general public. It is further stated that, due to the inaction on the part of the respondent authorities, the said designated public space/park has been encroached upon by a group of individuals who are rearing pigs therein, thereby causing considerable inconvenience to the general public, and more particularly, to the residents of Banashankari II Stage Layout. It is also stated that the land in question was designated as a park intended for the benefit of the residents of Amarajyoti Nagar and Shanthi Nagar, and is meant to serve as a vital lung space. Despite several - 7 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 representations made to the respondent authorities seeking eviction of the illegal squatters from the said public space/park, no effective action has been taken. It is stated that the petitioners, having no other efficacious alternative remedy, have approached this Court by way of the present petition in the interest of the general public. 5. Respondent No.3 – the Commissioner, Tumakuru City Municipal Corporation, has filed a Statement of Objections. According to the averments therein, the public space/park in question forms part of the layout plan approved by the Tumakuru Urban Development Authority. It is further stated that the said park has been illegally occupied by approximately 45 families, who are engaged in rearing pigs in the said area. Considering that the occupants belong to economically and socially disadvantaged sections of society, steps have been initiated to relocate them by providing alternative shelter through the Karnataka Scheduled Castes and Scheduled Tribes Migrants Development Corporation, in coordination with the Deputy - 8 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 Commissioner, Tumakuru District. In furtherance of this objective, the Deputy Commissioner, by order dated 17.03.2018, has reserved 4 acres and 14 guntas of government land in Sy. No. 74 of Annenahalli Village, Kasaba North Hobli, Tumakuru Taluk and District, for the said purpose. 5.1 It is further stated that the Social Welfare Department has estimated an amount of Rs.30 lakhs for providing basic amenities and infrastructure in the area identified for accommodating the shelter-less families, and that the said estimate has been approved by the Deputy Commissioner, Tumakuru. It is also stated that the process of formation and distribution of sites has commenced, and for this purpose, 75% of the estimated amount has already been released to initiate developmental activities. It is further submitted that the allotment and rehabilitation of the illegal squatters in the proposed layout to be formed in Sy. No.74 is under progress, and that the illegal - 9 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 occupants of the designated public park ought to be shifted at the earliest. 6. Learned counsel for the petitioners, Mr. G.S. Kishan, submitted that despite several representations made to the respondent authorities, no effective or positive action has been taken. It is submitted that the encroachment of the public park by illegal squatters, who have converted the same into an unhygienic space, thereby causing inconvenience to the general public, is solely attributable to the inaction of the respondent authorities. 6.1 Learned counsel for the petitioners further submits that the process of shifting and relocating the illegal squatters ought to be undertaken expeditiously, in order to restore the designated public park to its intended use. 7. Learned counsel for respondent No.3, Mr. R. Subramanya, reiterating the averments made in the Statement of Objections, submits that necessary steps have already been initiated for the relocation and rehabilitation of the illegal squatters. It is submitted that - 10 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 the formation of the proposed layout for their resettlement is presently underway and that the developmental work has commenced. 8. Considered the submissions of learned advocates for the parties and perused the writ papers. 9. The contention of the petitioners that the land in question was designated as a public space/park is not disputed by the respondent authorities. Respondent No.3, in its Statement of Objections, has categorically admitted that the said public park is presently occupied by squatters and that pigs are being reared in the area. While acknowledging the encroachment, respondent No.3 has also placed on record the steps initiated for the relocation and rehabilitation of the squatters. It is further noted that, apart from identifying and allocating alternate land for the said purpose, 75% of the estimated amount required for developmental activities has already been released. This Court is also cognizant of the fact that the respondent authorities may reasonably require some time for the - 11 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 formation of the layout and completion of the relocation process. At the same time, it is of paramount importance that the public space, which has been reserved as a park, is not permitted to be occupied and misused in a manner that renders it unhygienic and denies the local residents their rightful access to a lung space. If a reasonable time frame is fixed for the completion of the layout and relocation of the squatters, it would appropriately balance the rights and interests of both the petitioners and the affected squatters. 10. In light of the above, the following directions, (i) Writ Petition is allowed. (ii) The respondent authorities are hereby directed to complete the process of formation of the layout and to relocate and rehabilitate all the squatters within a period of eight months from the date of this order. (iii) It is needless to observe that, immediately upon the eviction of the squatters from the - 12 - NC: 2025:KHC:16174-DB WP No. 29482 of 2023 public space/park, respondent No.3 shall ensure that necessary steps are taken to preserve and maintain the land for the purpose for which it has been earmarked. In view of disposal of main petition, pending interlocutory application, if any, stands disposed of as not surviving. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 36