D GURURATHNA Vs. STATE

JUDGEMENT

(1.) THE petitioners have filed this writ petition as public interest litigation challenging Annexures-G and H, orders passed by the Government of karnataka. They have also prayed for restraining the respondents from using the public park in No. 1794 measuring 344' x 500' in Mandya town for any purpose other than park.

(2.) AS per Annexure-G, order dated 2-3-1999. the Government accorded sanction to grant an extent of 150' x 228' in Assessment no. 1794 to the Chairman, Dr. B. R. Ambedkar Bhavan Nirmana Samiti, free of cost. As per Annexure-H order, the Government modified Annexure-G order and accorded sanction to grant the entire land measuring 344' x 500' free of cost in favour of the chairman, Dr. B. R. Ambedkar Bhavan nirmana Samiti, treating it as a special case. It was also directed that the building shall be constructed at the center of the property and the surrounding vacant land shall be used as garden.

(3.) UNDER Section 72 (2) of the Karnataka municipalities Act, 1964, the land belonging to the Municipal Council can be allotted to any person only by the Municipal Council and not by the Government. The Government can only grant previous sanction to allot the land free of cost. The question of Government granting previous sanction arises only when the Municipal Council resolves to allot the land free of cost and seeks previous sanction of the Government.