1991 (7) TMI 376 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of converting land reserved for a public park into a civic amenity site.
2. Validity of allotting the converted land to a private medical trust for constructing a hospital.
3. Jurisdiction of the Bangalore Development Authority (BDA) and the Government in altering the development scheme.
4. Locus standi of the residents to challenge the allotment.
5. Compliance with statutory provisions and legislative intent in altering the development scheme.

Summary:

1. Legality of Converting Land Reserved for a Public Park into a Civic Amenity Site:
The land near Sankey's Tank in Rajmahal Vilas Extension, Bangalore, was initially reserved as an open space for a public park under the City of Bangalore Improvement Act, 1945. This Act was repealed by the Bangalore Development Authority Act, 1976. The BDA, constituted under the new Act, allotted the open space to a medical trust for constructing a hospital, which was challenged by the residents. The court held that the conversion of the site from a public park to a civic amenity site was not permissible under the Act, even if the objective was to construct a hospital. The statutory scheme must be adhered to, and the legislative intent to preserve open spaces for public parks and playgrounds must be respected.

2. Validity of Allotting the Converted Land to a Private Medical Trust for Constructing a Hospital:
The court found that the BDA's decision to allot the land to the medical trust was contrary to the provisions of the Act and the sanctioned scheme. The Act requires that 15% of the total area of a layout be reserved for public parks and playgrounds, and an additional 10% for civic amenities. The court emphasized that land reserved for a public park cannot be utilized for any civic amenity, including a hospital. The allotment was deemed an invalid and colorable exercise of power, sacrificing public interest for private gain.

3. Jurisdiction of the BDA and the Government in Altering the Development Scheme:
The court held that any alteration to the development scheme must be for the purpose of improvement and must be carried out formally by the BDA as a body corporate. The BDA's action to alter the scheme and allot the land to the medical trust was not a valid exercise of power under section 19(4) of the Act, which allows alterations only for the purpose of improvement. The Government's directions to the BDA to lease the land were also found to be beyond its jurisdiction.

4. Locus Standi of the Residents to Challenge the Allotment:
The court recognized the residents' right to challenge the allotment as they were directly affected by the diversion of the land reserved for a public park. The residents had the necessary locus standi to file the writ petition, as the action of the BDA and the Government deprived them of the benefits of the open space meant for public use and environmental protection.

5. Compliance with Statutory Provisions and Legislative Intent in Altering the Development Scheme:
The court emphasized that any action by the BDA or the Government must comply with the statutory provisions and legislative intent. The legislative intent to preserve open spaces for parks and playgrounds was reaffirmed by subsequent amendments to the Act, including section 38A, which prohibits the disposal of land reserved for public parks and playgrounds for any other purpose. The court found that the impugned orders and actions were inconsistent with the legislative intent and constituted a colorable exercise of power.

Conclusion:
The Supreme Court dismissed the appeal, declaring the impugned orders and the consequent action of the BDA in allotting the land to the medical trust as null and void. The court directed that the respondents (residents) be entitled to their costs throughout.