Karnataka HC directs continued inquiry into alleged misuse of civic amenity sites in Bengaluru layout

The petitioner challenged proceedings concerning alleged misuse of Civic Amenity (CA) Sites in a layout it had developed.

The three petitions sought to challenge, respectively, a Panchayat Raj Commissioner’s order dated 1 September 2022, a Gram Panchayat notice dated 5 January 2022, and a further Commissioner’s order dated 1 August 2024.

The State reported that 10 of 55 sites had been identified and secured, and that further survey was considered necessary.

The petitioner then sought to withdraw all three petitions. A proposed respondent opposed withdrawal but asked that it not impede the Committee’s work.

1. Whether the petitioner could withdraw the connected writ petitions while the Committee’s investigation into the CA Sites remained ongoing.

2. Whether the Court should impose directions to ensure that withdrawal did not obstruct the Committee’s work or the protection of the CA Sites.

The Court did not determine any substantive statutory or constitutional question, and it cited no statute or precedent as the basis for its order.

Article 226 was the basis invoked for the petitions, but the Court did not analyse its scope or apply a separate legal test in deciding the withdrawal request.

The Court accepted the petitioner’s withdrawal request but took account of the ongoing investigation, the State’s report that only 10 of 55 sites had been identified and secured, and the concern that withdrawal should not scuttle the Committee’s work.

Because the impugned annexures would remain undisturbed upon disposal, the Court directed the Committee to continue its tasks and report on identification of the CA Sites and measures to protect them.

It directed the Committee to continue its work and file a report within three months on measures taken to identify the remaining CA Sites and protect them from being put to any other use.

All pending applications were also disposed of.