Bengaluru: The high court has dismissed a public interest litigation (PIL) seeking demolition of the Passport Seva Kendra (PSK) building at Koramangala and recovery of the land on which it stands. The petition was filed by Dr BR Ambedkar Youth Social and Cultural Welfare Trust which claimed that the PSK had been constructed on land earmarked as a playground.The petitioner argued that the Passport Seva Kendra is located on 1.3 acres of land that was originally designated as a playfield, and that it allotted to the Centre for the project that was located about 1.5km away. Citing provisions of the Karnataka Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, the trust argued that land classified as a park or playground could not be diverted for any other purpose.Opposing the plea, the Centre clarified that an error in the survey numbers mentioned in a govt notification dated Nov 19, 1994—relied upon by the petitioner—had been corrected through an amendment notification issued on Jan 25, 2023. It was submitted that the three acres allotted for the PSK belonged to the public works department (PWD) and was lawfully transferred to the central govt.A division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha rejected the petitioner’s claims. The bench observed that the foundation of the PIL was based on an incorrect assumption, which no longer held good in view of the amended govt order.While acknowledging concerns over the shrinking of open spaces in the city, the court held that the Centre could not be restrained from using land validly allotted to it. The bench also noted that the petitioner had failed to produce zonal plans to establish that the land was designated as a playground or open space.
