Dr B R Ambedkar Youth Social and Cultural Welfare Trust v. Union of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8485 OF 2024 (GM-RES-PIL) BETWEEN:

¶1DR. B.R. AMBEDKAR YOUTH SOCIAL AND CULTURAL WELFARE TRUST REPRESENTED BY FOUNDER AND MANAGING DIRECTOR M.R. DAVID KUMAR TRUST OFFICE AT: NO. 868, 1ST CROSS 7TH MAIN ROAD DR. B.R. AMBEDKAR STATUE 80 FEET ROAD, RAJENDRANAGAR 2ND STAGE, NEAR NEW PASSPORT OFFICE KORAMANGALA BANGALORE - 560 047 …PETITIONER (BY SRI SADANAND G. SHASTRI, ADVOCATE) AND:

¶1UNION OF INDIA BY THE SECRETARY TO EXTERNAL AFFAIRS MINISTRY OF INDIA

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka NC:(2026:KHC:3571-DB( WP(No.(8485(of(2024( ( , ,,HC-KAR( ( ( JAWAHARLALA NEHRU BHAVAN 23 D, JANPATH NEW DELHI - 110 011

¶2THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY BANGALORE URBAN DISTRICT K.G. ROAD BANGALORE - 560 009

¶3THE SUPERINTENDENT ENGINEER DEPARTMENT OF PUBLIC WORKS PWD ANNEXE BUILDING SESHADRI ROAD, SJP CAMPUS AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU - 560 001

¶4THE COMMISSIONER BBMP BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, SAMPANGRAMA NAGAR BANGALORE - 560 002

¶5THE PASSPORT SEVA KENDRA BY THE REGIONAL PASSPORT OFFICER GOVERNMENT OF INDIA UNDERTAKING (PSU) THOFFICE AT: 80 FEET RD, 8 BLOCK KORAMANGALA BANGALORE - 560 095 NC:(2026:KHC:3571-DB( WP(No.(8485(of(2024( ( , ,,HC-KAR( ( (

6. THE TAHSILDAR BANGALORE SOUTH TALUK BANGALORE

¶7NATIONAL COMMISSION FOR SCHEDULE CASTE BY ITS DIRECTOR GOVERNMENT OF INDIA RD3 FLOOR, 'D' WING KENDRIYA SADAN NDKORAMANGALA 2 STAGE BANGALORE - 560 047 …RESPONDENTS (BY SRI K. ARVIND KAMATH, ASGI FOR SRI H. SHANTHI BHUSHAN, DSGI FOR R-1, 5 & 7, SMT. NILOUFER AKBAR, AGA FOR R-2, 3 & 6, SRI S.H. PRASHANTH, ADVOCATE FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT, DIRECTION OR THE LIKE AND TO DIRECT THE RESPONDENT NO.5 OR ANY PERSON/BODY CLAIMING THROUGH THEM TO CEASE AND DESIST FROM ENCROACHING UPON THE 'SCHEDULE PROPERTY'/OPEN PLAYGROUND OR PUTTING UP ANY CONSTRUCTION THEREON AND FURTHER CHANGING THE NATURE AND USE OF LAND/PLAYGROUND AS EXISTING ON DATE & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶1The present petition is filed as a public interest petition, inter alia, praying that directions be issued to respondent No.5 (Passport Seva Kendra) to immediately demolish and remove the structures that have been raised on the subject property, which is described as land measuring 1 acre 30 guntas falling in Survey No.12 of Koramangala Village, Begur Hobli, Bengaluru. The petitioner also alleges that the said respondent has unauthorisedly raised construction and is operating a Passport Seva Kendra office on land falling in Survey Nos.9 and 10 of Koramangala Village, which adjoins the subject property on the south.

¶2It is the petitioner's case that the subject property has been used as a playground for several decades by children attending schools in the immediate vicinity. It is also used by other residents of the locality, which has become increasingly congested. The Central Government has constructed a compound wall around the subject property, which effectively prevents the public and particularly the children, from using the subject property.

¶3The petitioner alleges that respondent No.5, which is part of the Central Government, has trespassed on the subject property. It is stated that a First Information Report (FIR) has also been filed in this regard.

¶4The petitioner claims that after due enquiries, it was found that the subject land belongs to respondent No.4, Bruhat Bengaluru Mahanagara Palike (BBMP). It was alleged that respondent No. 5, on the basis of forged documents, claims the right to use the subject property.

¶5The petitioner states that respondent No.5 had been granted 3 acres of vacant land in Sy.No.61 of Koramangala Village for the purpose of offices and residences to be used by the Regional

Passport Office and the Indian Council for Cultural Relations, with the condition that it shall pay pro rata development charges.

¶6Sri Sadanand G. Shastri, the learned counsel for the petitioner referred to a Government Order dated 19.11.1994 (Government Order No.PWD 98 BOC 94) whereby, 3 acres of land falling in Survey No.61 of Koramangala, Bengaluru South Taluk was allotted to the Ministry of External Affairs, Government of India for the purpose of offices and residences for the Regional Passport Office and the Indian Council for Cultural Relations, free of cost. It is earnestly contended by the learned counsel that the parcel of land in Survey No.61 of Koramangala Village, which is allotted to the Central Government, is located about 1.5 kilometres from the subject land on which the building of the passport office has been constructed and the subject property. It is also contended that if the said land is permitted to be used by the Ministry of External Affairs, Government of India, it would have a severe adverse impact on the welfare of the local residents and, more particularly, the children.

¶7He also referred to the Karnataka Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1985 [hereafter, 'the KPPOS Act']. He drew the attention of this Court to Section 6 of the KPPOS Act and submitted that no park, play-field or open space which has been specified can be used for any other purpose. However, he readily conceded that the subject land was not included in any list of parks, playfields or open spaces required to be prepared and published in terms of Sections 3 and 4 of the KPPOS Act.

¶8Mr Arvind Kamath, the learned Additional Solicitor General of India, appearing for respondent Nos. 1, 5 and 7, had countered the said submissions. He referred to a Government Order dated

25.01.2023 (Government Order No.PWD 192 BMS 2022) and submitted that there was an error in the earlier Government Order dated 19.11.1994 inasmuch as Survey No.61 was referred. He submitted the said error was rectified in terms of the Government Order dated 25.01.2023. It was found that 3 acres of land allocated to the Ministry of External Affairs for building the Regional Passport Office was situated under different survey numbers.

¶9It is noted that the aforesaid 3 acres are under the ownership of the Public Works Department, and therefore, it was proposed to rectify the survey numbers. Accordingly, the State Government passed an order dated 25.01.2023, amending the Government Order dated 19.11.1994 to provide that the details of the 3 acres of land granted to the Ministry of External Affairs, Government of India is as under: Village Hobli Sy.No. Extent Koramangala Begur 0-11 Koramangala Begur 00-10.08 Koramangala Begur 00-05.12 Koramangala Begur 00-00.08 Koramangala Begur 00-08 Koramangala Begur 00-00.04 Koramangala Begur 00-06 Koramangala Begur 01-09 Koramangala Begur 00-25 Koramangala Begur 00-04 Total 03-00

¶10In view of the amendment to the Government Order allotting lands to the Central Government and the assumption on which the present petition rests, does not hold good. Undisputedly, the Central Government is occupying the land as allotted to it.

¶11Whilst the petitioner's concern that open lands in the city are shrinking is justified, we are unable to accept that the Central Government can be interdicted from utilising the land allotted to it.

¶12We may also note that no zonal plans have been produced that reflect that the subject land is a playground or an open area.

¶13In view of the above, the present petition is dismissed.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (C.M. POONACHA) JUDGE

KPS List No.: 1 Sl No.: 21