The BBMP decided to seek an explanation on legal grounds, as an area earmarked for a playground cannot be used for another purpose.
The Bruhat Bangalore Mahanagara Palike (BBMP) will seek an explanation from the Bangalore Development Authority (BDA) for its decision to grant permission to construct a commercial-cum-residential complex on a playground on Binny Mill Road.
The BBMP decided to seek an explanation on legal grounds, as an area earmarked for a playground cannot be used for another purpose.
The BDA had earlier approved the developer, ETA Karnataka Estate Limited’s request for permission to construct the complex on 22,123 square metres (over five acres) of land with the survey number 2699/1.
The BBMP claimed it found irregularities in awarding the sanction when its standing committee on major works inspected the site under the leadership of its chairman, H Ravindra on January 25.
“It is noted that the land has been claimed by ETA Karnataka Estate Limited, which had approached the BDA to convert it into commercial and residential purpose. It has also sought the BDA to sanction the land usage, which the BDA has approved. The value of the property is between Rs50 crore and Rs60 crore,” the committee reported, after the inspection.
The panel also pointed out that the Karnataka Open Field, Parks and Garden Act of 1985 prohibited the conversion of land earmarked for any specific purpose.
“The committee finds that excavation work is in progress on the land. The chairman has asked the engineer-in-chief to survey the property and initiate an investigation. Besides this, the high-rise barricades around the land should be removed immediately. The chairman of the major works committee has also asked the chief engineer (west) to stop all illegal construction activities on the land immediately,” the proceedings noted.
The meeting also decided to write to BDA seeking clarification on the grounds on which it gave approval for the conversion of land usage to the company and to cancel the sanction granted in this regard. The BBMP commissioner should also be asked to restore the land as a playground,” the proceedings stated.
Meanwhile, the ETA denied any irregularity in the construction. Reacting to the BBMP’s opinion, ETA spokesman AA Somaiah said the land was given to his company following an exchange deed with the Binny Mills management and government on March 23, 1934. The land at Sirsi Circle given to Binny Mills was later converted to construct the city armed reserve police quarters.
“This is private land now owned by ETA and there cannot be any claimants as upheld by the Karnataka high court following a public interest litigation. The only hurdle we had earlier was with the final Comprehensive Development Plan (CDP) formulated by the BDA. It had earmarked the land as a playground as there was a delay in submitting our claims, before the CDP was notified. However, through subsequent applications before the urban development department, we were able to restore the ownership of the ground,” he said adding that the BBMP has no right over the property.
He said the company had left 10% open space as part of the guidelines and also left 24 metres for developing a road.
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