In a setback to the Bruhat Bangalore Mahanagara Palike (BBMP), the High Court of Karnataka on Wednesday stopped the civic body from going ahead with the construction of a swimming pool and multi gymnasium within Gayathri Devi Park in Prakashnagar.
The court has declared that the plan to put up construction is in violation of Section 8(1) of the Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Act, 1985.
The Section 8(1) of the Act states that no person is entitled to construct any building or put up any structure which is likely to affect the utility of the park unless permission is obtained as per the proviso to Sub-Section (1) of Section 8 of the said Act of 1985.
A Division Bench comprising acting Chief Justice Alok Aradhe and Justice J.M. Khazi passed the order while allowing a PIL petition filed in 2018 by J.Srinivas and three others, all residents of Prakashnagar locality coming under Rajajinagar assembly constituency.
The petitioner had alleged that the BBMP had refused to consider their representation against construction and was going ahead to implement its plan to construct swimming pool, multi gymnasium and other structures at a total cost of ₹6 crore.
The court, way back in September 2019 had restrained the BBMP from putting up construction till the adjudication of the petition.