Construction covering 4.6% of the playground area was accepted as within the 5% limit.

The petitioners filed a writ petition concerning construction at a playground at Site No. 65, HSR Layout, Bengaluru.

They sought to restrain construction, set aside the BBMP tender notification dated 1 October 2020, and require that the site be maintained as a public playground.

They contended that construction could not occupy more than 5% of the playground’s total area.

In a memo dated 19 March 2025, the respondents reported that an inspection conducted on 24 January 2023 found that BBMP’s construction occupied 4.6% of the total area.

1. Whether the construction at the playground exceeded the asserted 5% limit

2. Whether the petitioners’ requested reliefs against construction and the tender notification remained for consideration in light of the inspection report

The petitioners relied on the Karnataka Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1985, and Article 21 of the Constitution in seeking relief against the proposed construction.

The judgment does not identify a particular provision of the Act, state a distinct legal test under Article 21, or rely on precedent.

The court’s stated basis for disposing of the petition was the respondents’ inspection report that construction occupied 4.6% of the playground’s area, within the 5% limit advanced by the petitioners.

The court considered the petitioners’ contention that construction was limited to 5% of the playground and the respondents’ memo, supported by a sketch, reporting that construction occupied 4.6%.

On that record, it concluded that nothing survived for consideration and disposed of the petition while accepting the respondents’ contention.

The judgment does not separately analyse the challenge to the tender notification or provide detailed statutory or constitutional reasoning.

No separate relief or further direction was granted.