The BBMP was prohibited from constructing anything inside the Gayatri Devi Park at Prakash Nagar by the Karnataka High Court as it violated Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1985.
Story so far: The BBMP proposed the construction of a swimming pool, a gym and gazebos inside the park which was prohibited by the High Court as these structures are likely to impact the utility of the park. The proposal was looked at by the court as a response to a Public Interest Litigation (PIL) filed by J Srinivas and others in 2018. The PIL also highlighted that these structures would pose as an encroachment in or over the park under section 8 of the Act.
- The High Court also found that Rule 6 under the Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1985, only select constructions are permitted in parks such as benches and pump houses.
- The division bench headed by Acting Chief Justice Alok Aradhe found that the construction inside the park is prohibited owing to the conjunction of section 8 (1) and Rule 6 of the Act.
The verdict: Due to the provisions of the stated Act, the construction in Rajajinagar Park proposed by BBMP was prohibited. Since these constructions would impact the utility of the park, the court found it best to prevent them.