Disposed

Mr. Vijaya Suvarna v. State of Karnataka

Karnataka HC16 Dec 2020WP/7256/2020

Case brief

AI extract

What is this about?

Petitioners challenged the diversion of the football ground at Nehru Maidan, Mangalore, for non-sports activities. The Court noted the ground was declared a 'Play-field' via a 2020 notification under the 1985 Act, making it a playfield since 1984.

What did the court decide?

Held Section 6 prohibition applies; directed State Government to ensure proper publication of notification pursuant to Rules 4 and 5 of 1985 Rules.

Mr. Vijaya Suvarna Vs State of Karnataka — Property and Title | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF DECEMBER, 2020

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PRESENT

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THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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WRIT PETITION NO.7256 / 2020 (GM-RES-PIL)

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BETWEEN

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Mr.Vijaya Suvarna S/o Late Dayananada Puthran Aged about 62 years Residing at #3-136/22 Gokul Nagar, Thanush Mangalore Dakshina Kannada-575 019.

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Mr.Mohammed Hussain S/o Late B.S.Hasanabba Aged about 60 years No.#21-4-534/2 Near Satyanarayana Bhajana Mandira, Mangalore Dakshina Kannada-575 001.

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Mr.Antony Sabastian Fernandis S/o Henry Lazarus Aged about 60 years Residing at #3-369 Kuntadka, Bondanthilla Mangalore, Dakshina Kannada-575 029.

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Mr.N.Jeevan Kumar S/o N.M.Bangera Aged about 60 years Residing at#Flat No.4

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Chalukya Apartment Kudumbi Garden Road Falnir, Mangalore Dakshina Kannada-575 001.

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Mr.Yuvaraj Bengre S/o Late Gopala Salian Aged about 57 years Residing at #2-217 Near B.V.S.Kala Mantapa Sandspil Thota Bengre Mangalore, Dakshina Kannada-575 001. 6. Mr.Khalid Mohammad S/o Late Hassan K. Aged about 46 years Residing at #19-6-370-18 Baithul Hassan Amrutha Nagara, Pandeshwar Mangalore, Dakshina Kannada-575 001. 7. Mr.Firoz Abdul Razak S/o U.N.Abdul Razak Aged about 35 years Residing at #18-128 Haleema Manzil, Azad Nagar 2^nd Cross, Near Summer Sand Ullala, Mangalore Dakshina Kannada-575 020. 8. Mr.Anil Kumar.P.V. S/o Late P.V.Raman Aged about 53 years Residing at #23-9-708 Ganesh Nivas, Managla Devi Temple Main Road Jeppu Attavara, Mangalore Dakshina Kannada-575 001.

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Mr.Akshara Umesh Uchil S/o Umesh Uchil Aged about 32 years Residing at #9/158

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Naryana Nilaya Fisheries Road Near Railway Gate Someshawara Mangalore, Dakshina Kannada-575 023. 10. Mr.Ahamed Sajid S/o Late U.B.Hussain Aged about 45 years Residing at #19-64/3 Masthi Katte, Ulalla Mangalore, Dakshina Kannada-575 020.

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Mr.Mohammad Iquan.A S/o C.Ummer Aged about 27 years Residing at Coral Apartment Flat No.1203, Yemmekare Road Bolar, Mangalore Dakshina Kannada-575 001. …PETITIONERS

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(BY Sri.Sunil Kumar.H, Advocate)

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AND:

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State of Karnataka Represented by Chief Secretary Vidhana Soudha Bangalore-560 001.

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The Commissioner Mangalore City Corporation M.G.Road, Lalbaugh Dakshina Kannada-575 003.

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The Deputy Commissioner Mangalore Dakshina Kannada-575 001. ...RESPONDENTS

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(By Sri.Jeevan J.Neeralgi, AGA for R1 & R3; Sri.K.V.Narasimhan, Advocate for R2)

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This Writ Petition is filed under Articles 226 & 227 of the Constitution Of India, praying to direct the R-2 and 3 to consider the representation dated 14.05.2020 and

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preserve the football ground of Nehru Maidan, Mangalore for sports activities only, etc.,

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This Petition coming on for Preliminary Hearing this day, through Video Conferencing, Chief Justice made the following:

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O R D E R

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By filing this public interest litigation, the petitioners have made a grievance that the use of the football ground forming a part of Nehru Maidan, Mangalore is being diverted by putting up permanent/temporary structures.

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The State Government has placed on record a copy of the notification dated 19^th October 2020 declaring that in exercise of powers conferred under sub-section (2) of Section 4 of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 (for short, “the said Act of 1985”) publication of a list of the parks, playfields and open spaces falling in the limits of the Mangaluru City Corporation, Mangaluru, has been made.

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We have perused the annexure to the said notification. It records that both Nehru Maidan Cricket Ground and Nehru Maidan Football Ground have been declared as Play-fields. A copy of the same notification published in Government Gazette of 10^th December 2020 is also placed on record. Thus, now Nehru Maidan Football Ground has been declared as a “Play-field” within the meaning of the said Act of 1985. Hence, prohibition under Section 6 of the said Act of 1985 will squarely apply and the same cannot be used for any purpose other than the purpose or purposes for which it was used on the date of commencement of the said Act of 1985, which is 26^th December 1984.

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Hence, we dispose of the petition by passing the following order:

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(i) We hold that prohibition imposed by Section 6 of the Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1985 shall be applicable to

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Nehru Maidan Football ground covered by the aforesaid notification dated 19^th October 2020;

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(ii) We direct the State Government to ensure that the aforesaid notification is published in the manner provided by Rule 4 read with Rule 5 of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Rules, 1985;

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(iii) The writ petition is accordingly disposed of on the above terms.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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KNM/-

Mr. Vijaya Suvarna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Vijaya Suvarna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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