Court Upholds Central Government's Lawful Allotment of Land for Regional Passport Office Facilities
In a significant ruling, the Karnataka High Court has dismissed the Public Interest Litigation (PIL) filed by Dr. B.R. Ambedkar Youth Social and Cultural Welfare Trust concerning the alleged unauthorized construction by the Central Government on public land in Koramangala, Bengaluru. The petition sought the demolition of structures on the land reportedly used as a playground by local residents and children.
The PIL raised concerns over the construction of a Passport Seva Kendra by the Ministry of External Affairs, claiming that the land in question was traditionally used as a playground. The petitioner argued that the construction was unauthorized and based on forged documents, asserting that the land belonged to Bruhat Bengaluru Mahanagara Palike (BBMP) rather than the Central Government.
The court, presided over by Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, examined the claims made by the petitioner and the counterarguments presented by the respondents. The petitioner cited the Karnataka Parks, Play-Fields, and Open Spaces (Preservation and Regulation) Act, 1985, claiming that the land was designated as a playground under this Act. However, the court found that the land was not listed as a park, playfield, or open space under the Act's provisions.
The Central Government, represented by Additional Solicitor General Sri K. Arvind Kamath, provided evidence of a rectified Government Order from January 2023. This order corrected previous errors regarding the survey numbers and confirmed the lawful allotment of the land to the Ministry of External Affairs for constructing the Regional Passport Office and related facilities. The court noted the importance of adhering to legal allotments and rejected the petitioner's claims about unauthorized use.
The bench acknowledged the shrinking availability of open lands in Bengaluru but emphasized the necessity of allowing the Central Government to utilize land lawfully allotted to it. The court dismissed the petition due to the lack of evidence supporting claims that the land was officially designated as a playground or an open space according to zonal plans.
This judgment underscores the importance of rectifying administrative errors in land allotment and maintaining transparency in land use designations. The court's decision is pivotal in clarifying land rights and reinforcing legal processes in land management.
Bottom Line:
Public Interest Litigation seeking removal of alleged unauthorized construction on public land dismissed as the land was lawfully allotted to the Central Government.
Statutory provision(s): Karnataka Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1985, Sections 3, 4, and 6.
