Open Areas Shrinking But Govt Can't Be Barred From Using Allotted Land: Karnataka High Court Rejects PIL Against Construction On 'Playground'

The Karnataka High Court recently dismissed a PIL against construction of a compound wall around a passport office claimed to be constructed on a land used as a playground by children and public in Bengaluru, after noting that the land in question was allotted to the government. In doing so the court noted that while there is concern that open lands in the city are shrinking, however the government cannot be interdicted to use lands allotted to it specially when no zonal plan was produced to show that the land was a playground. The court was hearing a PIL by Dr BR Ambedkar Youth Social and Cultural Welfare Trust seeking directions to Passport Seva Kendra, a Government of India undertaking to immediately demolish and remove the structures that have been raised on a property, measuring 1 acre 30 guntas falling in Survey No.12 of Koramangala Village, Begur Hobli, Bengaluru. The petitioner alleged that the respondent has unauthorisedly raised construction and is operating a Passport Seva Kendra office on land falling in Survey Nos.9 and 10 of Koramangala Village, which adjoins the subject property on the south. The petitioner argued that the property has been used as a playground for several decades by children attending schools in the immediate vicinity. It is also used by other residents of the locality, which has become increasingly congested. The Central Government has constructed a compound wall around the subject property, which effectively prevents the public and particularly the children, from using the subject property. A division bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha noted the submission of Additional Solicitor General Arvind Kamath, appearing for Union of India and Passport Seva Kendra referred to a Government Order dated 25.01.2023 and submitted that there was an error in the earlier Government Order dated 19.11.1994 in as much as Survey No.61 was referred. He submitted that the error was rectified in terms of the Government Order dated 25.01.2023. It was found that 3 acres of land allocated to the Ministry of External Affairs for building the Regional Passport Office was situated under different survey numbers."In view of the amendment to the Government Order allotting lands to the Central Government and the assumption on which the present petition rests, does not hold good. Undisputedly, the Central Government is occupying the land as allotted to it. Whilst the petitioner's concern that open lands in the city are shrinking is justified, we are unable to accept that the Central Government can be interdicted from utilising the land allotted to it. We may also note that no zonal plans have been produced that reflect that the subject land is a playground or an open area," the court said.The petitioner's counsel Sadanand G. Shastri contended that as per Government Order dated 19.11.1994, 3 acres of land falling in Survey No.61 of Koramangala, Bengaluru South Taluk was allotted to the Ministry of External Affairs, Government of India for the purpose of offices and residences for the Regional Passport Office and the Indian Council for Cultural Relations, free of cost. It was contended that the parcel of land in Survey No.61 of Koramangala Village, which is allotted to the Central Government, is located about 1.5 kilometres from the subject land on which the building of the passport office has been constructed and the subject property. It was also contended that if the land in question is permitted to be used by the Ministry of External Affairs, Government of India, it would have a severe adverse impact on the welfare of the local residents and, more particularly, the children. The PIL was dismissed.Case title: DR. B.R. AMBEDKAR YOUTH SOCIAL AND CULTURAL WELFARE TRUST v/s UNION OF INDIAWRIT PETITION NO. 8485 OF 2024 (GM-RES-PIL)Click Here To Read/Download Order

Open Areas Shrinking But Govt Can't Be Barred From Using Allotted Land: Karnataka High Court Rejects PIL Against Construction On 'Playground'

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