- 1 - HC-KAR NC: 2026:KHC:12746 WP No. 23734 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.23734 OF 2025 (LB-BMP) BETWEEN: 1. BAPUJI NAGAR WELFARE ASSOCIATION (R) A SOCIETY REGISTERED UNDER THE MYSORE SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT:#6 6TH CROSS, BAPUJINAGAR, MYSORE ROAD, BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT SHRI PRAKASH D. …PETITIONER [BY SRI. ANIRUDH A. KULKARNI, ADVOCATE] AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS CHIEF COMMISSIONER HAVING OFFICE AT:N R SQUARE BENGALURU - 560 002. 2. EXECUTIVE ENGINEER BBMP., VIJAYANAGAR SUB-DIVISION HAVING OFFICE AT:BBMP VIJAYANAGARA SUB-DIVISION OFFICE COMPLEX, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12746 WP No. 23734 of 2025 SHASAKARA BHAVANA 3RD MAIN ROAD, 2ND FLOOR VIJAYANAGAR BENGALURU-560 040. 3. ASSISTANT EXECUTIVE ENGINEER BBMP, VIJAYANAGAR SUB-DIVISION HAVING OFFICE AT: BBMP., VIJAYANAGARA SUB-DIVISION OFFICE COMPLEX, SHASAKARA BHAVANA, 3RD MAIN ROAD, 2ND FLOOR VIJAYANAGAR, BENGALURU-560 040. 4. SENIOR ASSITANT DIRECTOR OF HORTICULTURE SOUTH ZONE, BBMP HAVING OFFICE AT: BBMP SOUTH ZONE 9TH CROSS, 9TH MAIN, JAYANAGAR, 2ND BLOCK BANGALORE - 560 011. 5. M/S. CHINMAYEE CONSTRUCTIONS A PROPRIETORSHIP CONCERN HAVING OFFICE AT: # 5/121 14TH CROSS ROAD GANGAMMA GARDEN MALAGALA NAGARBHAVI 2ND STAGE BENGALURU-560 072 REPRESENTED BY ITS PROPRIETOR SHRI. NAGARAJ R. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:12746 WP No. 23734 of 2025 (BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE FOR R.1 TO R.4; SRI. N. SRIDHAR, ADVOCATE FOR R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACTIONS OF THE RESPONDENT NOS.1 TO 4 IN DEMOLISHING THE EXISTING PARK FACILITIES AND AWARDING CONTRACT FOR CONSTRUCTION OF A HOSPITAL/DIALYSIS CENTER AND THE ACTIONS OF RESPONDENT NO.5 IN UNDERTAKING SUCH ILLEGAL CONSTRUCTION AT THE SCHEDULE PROPERTY ARE ULTRA VIRES, ILLEGAL, ARBITRARY, UNREASONABLE AND IN DIRECT CONTRAVENTION OF SECTIONS 6, 7, AND 8 OF THE KARNATAKA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1985, ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND THE PUBLIC TRUST DOCTRINE, AMONG OTHER PROVISIONS OF LAW, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:12746 WP No. 23734 of 2025 ORAL ORDER 1. The writ petition is filed alleging that the authorities concerned are trying to encroach upon a public park and put up construction in respect of a health centre. 2. In the course of the arguments, learned counsel for the petitioner submits that the park area measures, 1,016.91 square meters and it is known as Bapujinagar Park situated in Ward No.134 of Bangalore South. 3. Learned counsel appearing for respondent Nos.1 to 4 - BBMP, now Greater Bengaluru Authority, upon instructions submits that the health centre is adjoining the park and the area of 1,016.91 square meters of park area is not encroached upon for the purpose of the hospital. 4. Recording the submission of learned counsel appearing for the Greater Bengaluru Authority, the writ petition is disposed of directing them to maintain 1,016.91 square meters of area as reserved for park. In case of any encroachment, the petitioner is given liberty to approach the - 5 - HC-KAR NC: 2026:KHC:12746 WP No. 23734 of 2025 appropriate forum in accordance with and to redress their grievance. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 57