Judgment Search Results Home > Cases Phrase: karnataka parks play fields and open spaces preservation and regulation act 1985 section 7 maintenance of parks play fields and open spaces Page 1 of about 254 results (0.310 seconds)

Bhavani Housing Co-operative Society Limited Vs. Bangalore Development ...

Court : Karnataka

Reported in : ILR2006KAR1352; 2006(2)KarLJ630

..... thus, by harmonious and combined reading of provisions of section 32(5) and 38-a of the bangalore development act, the definition 'open space' found in section 2(f) of the karnataka parks, play-fields and open spaces (preservation and regulation) act 1985 and the definition of 'civic amenity' found in section 2(bb) of the bda-act and rule-2(b) of the bangalore development authority (allotment of civic amenity sites) rules 1989 and other provisions of the bda act, this court will safely conclude that the 'civic amenity sites' earmarked in a layout formed by the authority or a site earmarked for civic amenity in a private layout approved by the authority will vest ..... in this context, it is relevant to note the provisions of section 30(2) of the 'bda-act' which reads as under:30(2): any open space including such parks and playgrounds as may be notified by the government reserved for ventilation in any part of the area under the jurisdiction of the authority as part of any development scheme sanctioned by the government shall be transferred on completion to the corporation for maintenance at the expense of the corporation and shall thereupon vest in the corporation.11. .....

Canara Bank Colony Residents Vs. The Commissioner

Court : Karnataka

..... if the definition of "civic amenity " found in bda act and the definition of 'open space' found in the karnataka parks, play-fields and open spaces (preservation and regulation) act 1985 are read harmoniously, it would be clear that the 'open space' means and includes the land/site earmarked/set apart for civic amenities purposes. ..... , bda act and karnataka parks, play fields and open spaces (preservation and regulation) act 1985 will have to be read conjointly 1 ilr2006kar135215 and harmoniously. ..... sri n.shankaranarayana bhat, the learned counsel appearing for the petitioner submitted that the said society has applied for sanction of the plan under section 32 of the bda act and obtained the layout plan approval and the society executed an agreement in favour of the bda that the society will relinquish the civic amenity area in favour of the bda for the benefit of the residents of the layout. ..... 2): any open space including such parks and playgrounds as may be notified by the government reserved for ventilation in any part of the area under the jurisdiction of the authority as part of any development scheme sanctioned by the government shall be transferred on completion to the corporation for maintenance at the expense of the corporation and shall thereupon vest in the corporation.12. .....

Sri K B Kotagond, and ors. Vs. the State of Karnataka Rep by Its Secre ...

Court : Karnataka

..... of the petitioners, that the aforesaid open space must be deemed to be a park, within the meaning of section 2(f) of the karnataka parks, play-fields and open space (preservation and regulation) act. ..... aforestated impugned resolution no.378, the petitioners were allotted 5 guntas of land from the same open space for maintenance of batta mandir and public garden. ..... as the construction of the temple premises in the same open space is concerned, learned counsel for the petitioners vehemently denies, that the petitioners have either been vested with the responsibility of maintenance of the said temple, or that they have actually constructed ..... it is the submission of the learned counsel for the petitioners, that resolution no.378 came to be passed by the corporation of the city of belgaum on 7.6.1999 whereby, an area of 6 guntas of land in the open space of r.s.no.205 of meghdoot co-operative housing society was allotted to the banashankari education and social welfare society, with liberty to the aforesaid society to construct a school on the allotted land. ..... may, we are satisfied, that the distinguishing feature pointed out at the hands of the lettmed counsel for the respondents would have no effect in the facts and circumstances of this case, specially on account of the fact, that, the land herein was also transferred under section 174 of the municipal corporation act to the corporation of the city of belgaum for maintenance as an open space, as it was in the aforesaid case wherein. ..... 1985 .....

Bhavani Housing Co-operative Society Limited (R) Vs. Bangalore Develop ...

Court : Karnataka

..... since the open space has not been defined under the act, it became necessary to refer to the definition of 'open space' which is defined at section 2(f) of the karnataka parks, play fields and open spaces (preservation and regulation) act, 1985 (hereinafter referred to as the 'open spaces act). ..... counsel that the bda act is for development and the open spaces act is for preservation, the scope of both these acts, the authority defined under both the acts and the purpose for which both the acts have been enacted are complimentary to each other inasmuch as the bda would regulate the development of the area which falls within its jurisdiction in accordance with the provisions of the bda act and simultaneous on approval for such development, the open spaces act would apply to the very ..... same area for preservation of such development .....

Smt. Lalitha Bai Vs. City Corporation of Gulbarga and ors.

Court : Karnataka

Reported in : ILR1996KAR2421; 1996(3)KarLJ285

..... 2:- section 8(1) of the karnataka parks, play-fields and open space (preservation and regulations) act, 1985 prohibits construction of any building or structure likely to affect the utility of the park, play-field or open space specified in the list published under section 4 or section 5.11. ..... it is for the petitioner to show that it is an open space as defined under the enactment and it is so-included in the list prepared under the sections 4 and 5 of the karnataka parks, play-fields and open space (preservation and regulations) act, 1985. ..... 'open, space' as defined in clause (f) of section 2 of the karnataka parks, play-fields and open space (preservation and regulations) act, 1985 means any land on which there are no buildings or of which nor more than one twentieth part is covered with buildings and the whole or the remainder of which is used or meant for purposes of recreation, air or light or set apart for civic amenity purposes.12. ..... (2) does the sale violate section 8(2) of the karnataka parks, play-fields and open space (preservation and regulations) act 1985? ..... it is also contended that the provisions of karnataka parks, play-fields and open space (preservation and regulations) act, 1985 are not attracted and the open space in question is not declared as such as required under the act.3. .....

Balappa Basamanappa Kosji and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2002Kant44; ILR2002KAR1524

..... learned counsel for the petitioners relying on clause (g) of section 2 of the karnataka parks, play-fields and open spaces (preservation and regulation) act, 1985 (hereinafter referred as 'act of 1985') submitted that the 'open site' in question is a 'park' in terms of the said definition. ..... hud 17 acg 85, bangalore, dated 11-4-1989 in exercise of the power conferred by sub-section (2) of the section 3 of the karnataka parks, play-fields and open spaces (preservation and regulations) act, 1984, the government of karnataka hereby approved the list, after deleting the following items from the list published in the government notification dated 8th november, 1985.... ..... it may be published by the executive-authority as required by rule 5 of the karnataka parks, play-fields and open spaces (preservation and regulations) rules, 1985. ..... the act was promulgated with the avowed object of providing for preservation and regulation of parks, play-fields and open spaces in the state of karnataka. ..... (2) no land or buildings within a park, play-field or open space specified in the list published under section 4 or section 5 shall be alienated by way of sale, lease, gift, exchange, mortgage or otherwise and no licence for the use of any such land or buildings for any other purpose shall be granted and any alienation made or licence granted in contravention of this section shall be null and void'. 9. .....

State of Karnataka and Others Vs. B. Krishna Bhat and Others

Court : Karnataka

Reported in : ILR2001KAR2030; 2001(2)KarLJ1

..... in regard to orders relating to cubbon park and other parks, it is contended that they are covered by the karnataka government parks preservation act, 1975 and karnataka parks, play-fields and open space (preservation and regulation) act, 1985 and the orders of the learned single judge interfere with the discharge of their statutory duties and functions of the state and some of the orders have the effect of requiring the authorities to act in violation of the provisions of the said acts.10. ..... it is, therefore, contended that the rules prescribing the maximum levels of emission by motor vehicles, could be enforced only if the level of emission of smoke was something that could be completely controlled by the owner or user of vehicle and was related to the maintenance of vehicles; but if the emission levels are to increase on account of bad roads, the owner of the vehicles should not be penalised for the consequential increase in the levels of such emissions/pollution. 24. ..... filed before the high court should be heard by not less than two judges; section 259 of the income-tax act, 1961 provides that a reference shall be heard by not less than two judges; section 17 of the indian divorce act, 1869, requires that cases for confirmation of a decree for dissolution of marriage under the said act should be headed by a bench of three judges; and there are several other enactments which specify the quorum for hearing appeals .....

Nal Layout Residents Association, Rep by Secretary C. Hemanth Kumar an ...

Court : Karnataka

..... he also stated that the karnataka parks, play-fields and open spaces (preservation and regulation) act, 1985 applies to the present case and any allotment of the open spaces has to be in accordance with the said provisions of law ..... sub rule (2) of rule 3 states that after making reservation under sub-rule 1, the bangalore development authority, subject to exercise of power under section 38-a of the act and general or special orders of the government and having regard to the particular type of civic amenity sites required to be provided in any locality offer such of the remaining civic amenity sites for the purpose of allotment on lease basis to any institution institution is defined in clause (d) of ..... he also submitted that when one the civic amenity area stands vested with the first respondent-authority, the same can be allotted only in terms of the provisions of the act and also the relevant rules drawing my attention to section 38 of the act read with the bangalore development authority (allotment of civic amenities sites) rules (1989) (hereinafter referred to as the 1989 rules), he contended that the first respondent has no authority to allot the said site to ..... , the available civic amenity sites have to be first allotted in terms of sub rule (1) to governmental authorities, then the bda has discretion to allot any site under section 38-a of the act and if there are any general or special orders of the state government, the same would have to be complied with by the bda. .....

K.E.B. Layout Residents Welfare Association Bangalore and Others Vs. B ...

Court : Karnataka

Reported in : 2011(4)KantLJ580(DB)

..... reliance on the karnataka parks, play-fields and open spaces (preservation and regulation) act, 1985 (the parks act for short) ..... park act, admittedly, the area between 6th and 7th main roads of keb layout is not specified in the list published under section 4 or 5 of the parks act ..... writ petition, learned counsel for the petitioners submitted, that the park area between the two main roads is vested with the bbmp and utilisation of the park area for laying of the road to connect the two main roads is contrary to section 174 of the karnataka municipal corporation act, 1976 (the corporations act for short). ..... to refer to the proceedings of the bbmp at annexure-h which would show, that both 6th and 7th main roads are dead-end roads and connecting both the main roads by laying a road in the park area situated in between them would ease the flow of traffic and would avoid congestion. ..... the instant writ petition, as a cause in public interest, mainly to declare as illegal the road, that has been laid across the park situated between 6th 7th main roads of the layout referred to above. ..... section 174 of the corporation act, does not prohibit the bbmp to utilise any area vested in it for public purpose in accordance with the provisions of the said act ..... is, that respondent 1-bruhat bangalore mahanagara palike (the bbmp for short) has laid a road illegally in the park area situated between 6th and 7th main roads referred to above, resulting in bifurcation and shortening of the park area. 3. .....

Gas Authority Of India Limited Vs. M/s Manyata Residents Association

Court : Karnataka

..... :- play-fields and open spaces (preservation and regulation) act, 1985 (for short '1985 act'). ..... the site was stated to be only available space reserved in the scheme for a public park or playground with a legislative intent to protect and preserve the environment by reserving open space for ventilation , recreation, playgrounds and parks for the general public. ..... even the expressions public 'park' and 'play-ground' are defined in sections 2(g) and 2(h) (play-field) of the 1985 act.83. ..... by the central government or the state government or by a body established by the central government or the state government; (iv) a centre for educational, religious, social or cultural activities or for philanthropic service run by a co-operative society registered under the karnataka co- operative societies act, 1959 (karnataka act 11 of 1959) or a society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960) or by a trust created wholly for charitable, educational or religious purposes; -:24. ..... the residents of locality seeking protection and maintenance of environment of their locality cannot be said to be busybodies or interlopers. .....