A division bench of chief justice Ritu Raj Awasthi and justice Sachin Shankar Magadum gave this direction while disposing of a PIL filed by M Venkatesh, a resident of Bengaluru. “The inaction on the part of respondent BDA in not insisting on relinquishment of the park area and civic amenity site has resulted in encroachments. We would direct BDA to remove illegal constructions reserved for civic amenities and thereafter secure transfer of those areas under registered documents free of cost in terms of the above-mentioned regulation of Revised Master Plan, 2015,” the bench said.
The bench also reminded BDA that regulations 6.1(c) and 6.1(d) of the Revised Master Plan, 2015 empower and authorise the authority to secure a relinquishment deed either from the developer or owner free of cost, and the said regulation was brought into force to discourage builders and owners from meddling with civic amenity sites and park area.
While regulation 6.1(c) says parks/open spaces and playgrounds should not be less than 15% of the total land area, regulation 6.1(d) states that after making provision for parks and roads in the layout, the balance portion of land should be earmarked for a civic amenity site only.
The petitioner had complained that in the 20-acre private layout formed by the society at Marenahalli village, Kempapura Agrahara, Bengaluru north taluk, as against 50% ceiling, the society had formed sites to the extent of 62% of the area. And since the park and civic amenity sites had been sold, residents of the layout had no open lung space.
On July 22, 2021, the court ordered for a joint survey by BDA and BBMP. The survey report was submitted to the court on August 13, 2021, indicating violations of the sanctioned layout plan.
The court then directed the BDA commissioner to indicate the timeline within which appropriate action could be initiated against the encroachers.
In response, the BDA chief filed an affidavit on September 6, 2021 informing the court that within six months the authority will take appropriate action for removal of unauthorised encroachments made in the park area and CA site by invoking section 33 of BDA Act.