BAPUJI NAGAR WELFARE ASSOCIATION (R) v. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
Court: High Court of Karnataka
Bench: D K SINGH,T.M.NADAF
Judgment date:
Case summary
High Court of Karnataka judgment dated 2026-04-15. BAPUJI NAGAR WELFARE ASSOCIATION (R) v. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP). Read the judgment and...
Judgment text
- 1 - WA No. 1095 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 15 DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T. M. NADAF WRIT APPEAL NO. 1095 OF 2026 (LB-BMP) BETWEEN: BAPUJI NAGAR WELFARE ASSOCIATION (R) A SOCIETY REGISTERED UNDER THE MYSORE SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT NO. 6, TH 6 CROSS, BAPUJINAGAR, MYSORE ROAD, BENGALURU - 560 026. REPRESENTED BY ITS PRESIDENT SHRI. PRAKASH D. …APPELLANT (BY SRI. ANIRUDH A KULKARNI. , ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS CHIEF COMMISSIONER, HAVING OFFICE AT: N. R. SQUARE, BENGALURU - 560 002. 2. EXECUTIVE ENGINEER, BBMP, VIJAYANAGAR SUB-DIVISION, HAVING OFFICE AT: BBMP VIJAYANAGARA SUB-DIVISION OFFICE COMPLEX, SHASAKARA BHAVANA, RD ND 3 MAIN ROAD, 2 FLOOR, - 2 - WA No. 1095 of 2026 VIJAYANAGAR, BENGALURU - 560 040. 3.
ASSISTANT EXECUTIVE ENGINEER, BBMP, VIJAYANAGAR SUB-DIVISION, HAVING OFFICE AT: BBMP VIJAYANAGARA SUB-DIVISION OFFICE COMPLEX, SHASAKARA BHAVANA, RD ND 3 MAIN ROAD, 2 FLOOR, VIJAYANAGAR, BENGALURU - 560 040. 4. SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE, SOUTH ZONE, BBMP HAVING OFFICE AT: BBMP SOUTH ZONE, TH TH 9 CROSS, 9 MAIN, ND JAYANAGAR, 2 BLOCK, BANGALORE - 560 011. 5. M/S. CHINMAYEE CONSTRUCTIONS, A PROPRIETORSHIP CONCERN HAVING OFFICE AT NO. 5/121, TH 14 CROSS ROAD, GANGAMMA GARDEN, MALAGALA, ND NAGARBHAVI 2 STAGE, BENGALURU - 560 072. REPRESENTED BY ITS PROPRIETOR SHRI. NAGARAJ R. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED:02. 03. 2026 IN WP No. 23734/2025 (LB-BMP) AND ETC. , - 3 - WA No. 1095 of 2026 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR.
JUSTICE D K SINGH and HON'BLE MR. JUSTICE T. M. NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T M NADAF) The appellant is before this Court calling in question the order dated 02. 03. 2026 passed by the Writ Court in WP. No. 23734/2025. 2. The parties are referred to as per their rankings before the Writ Court. 3. The brief facts leading to filing of this appeal are as under: The main grievance of the petitioner before the Writ 1 Court was that, the Bruhat Bengaluru Mahanagara Palike authorities are trying to encroach upon a public park situated in Ward No. 134 of Bangalore South measuring 1 the BBMP, for short - 4 - WA No. 1095 of 2026 1,016. 91 square meters to put up construction of a proposed health centre. 4. Learned counsel appearing for the BBMP, now Greater Bengaluru Authority, upon instructions has submitted that the proposed health centre is adjoining the park and the area of 1,061. 91 square meters of park area is not encroached upon for the purpose of the hospital. 5.
Taking into consideration of the said submission, the Writ Petition was disposed of, directing the Greater Bengaluru Authority to maintain 1,061. 91 square meters of area as reserved for park and in case of any encroachment, the petitioner is given liberty to approach the appropriate forum in accordance with law to redress their grievance. It is this order passed by the Writ Court is called in question in this appeal. 6. Heard Sri. Anirduh A. Kulkarni, learned counsel appearing for the appellant. - 5 - WA No. 1095 of 2026 7. Learned counsel for the appellant reiterated the very same submission taken before the writ Court and after perusing the order of the writ Court, we find no infirmities to interfere with the order passed by the Writ Court, since liberty is granted to the petitioner by the Writ Court, in case of any encroachment in public park. The liberty granted is saved. 8. With the above observation, the appeal is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T. M.
NADAF) JUDGE PK List No. : 1 Sl No. : 5 ct-vn
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.