IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NOS.44825-44846/2017 (LB-BMP) BETWEEN:
1. JAANAVI. C D/O. CHAMELEA BANU KUMAR AGED ABOUT 21 YEARS R/AT NO.78/8, 2ND BLOCK 3RD CROSS, RAJAJINAGAR BANGALORE – 560 010.
2. SHRI VIJAYA PRASAD S/O THIMME GOWDA AGED ABOUT 49 YEARS R/AT NO.211, 3RD BLOCK 50TH CROSS, RAJAJINAGAR BANGALORE – 560 010.
3. SHRI PARTHASARATHI S/O LATE SUBRAMANI AGED ABOUT 48 YEARS R/AT NO.9, 75TH CROSS 6TH BLOCK, RAJAJINAGAR BANGALORE – 560 010.
4. SHRI DHANAKOTI S/O LATE MUNIYAPPA, AGED ABOUT 47 YEARS R/AT NO.1006, 63RD CROSS 1ST MAIN, VIJAYANAGARA, BANGALORE -560 040.
5. SHRI C.S. KUMARESHAN S/O LATE SUBRAMANYA AGED ABOUT 51 YEARS R/AT NO.23, 2ND CROSS, K.P. AGRAHARA BANGALORE – 560 023.
6. SHRI P. NATARAJA S/O R. PAPAIAH, AGED ABOUT 38 YEARS R/AT NO.428, 8TH "E" CROSS, K.P.AGRAHARA, BANGALORE – 560 023.
7. SHRI S. VENKATESH S/O LATE SATHYANARAYANA SHETTY, AGED ABOUT 49 YEARS R/AT 346/A, WEST OF CHORD ROAD, BANGALORE – 560 044.
8. SHRI VENUGOPAL S/O LATE SUBRAMANI AGED ABOUT 45 YEARS R/AT NO.70, "C" BLOCK, 8TH CROSS, MAGADI ROAD, BANGALORE – 560 023.
9. SHRI VENKATESH @ ANNAYYAPPA S/O RAMACHANDRA, AGED ABOUT 52 YEARS R/AT NO.23, CHOLURPALYA BANGALORE - 560 023.
10. SHRI SRIDHAR S/O LATE DAMODHAR, AGED ABOUT 46 YEARS R/AT NO.38/1, 9TH CROSS, MAGADI ROAD, BANGALORE-560 023.
11. MS. PUJITH KRISHNA D KOTI D/O DHANKOTI, AGED ABOUT 22 YEARS R/AT NO.1006, 1ST MAIN, VIJAYANAGAR, BANGALORE-560040.
12. SHRI N. RAMESH S/O S. NARASIMHAIAH AGED ABOUT 52 YEARS R/AT NO.1/4, 5TH CROSS 8TH MAIN ROAD, MAGADI ROAD BANGALORE-560023.
13. SHRI MOHAN KUMAR S/O NARAYANASWAMY, AGED ABOUT 45 YEARS R/AT NO.24, 8TH CROSS, "C" BLOCK, MAGADI ROAD, BANGALORE-560023.
14. SHRI LOKESH N S/O NARASIMHAIAH AGEDA BOUT 47 YEARS R/AT NO.24, 5TH CROSS, 8TH MAIN ROAD, MAGADI ROAD, BANGALORE-560023.
15. SHRI S.K. ARUN KUMAR S/O KUMARESHAN R/AT NO.23, 2ND CROSS, M.R.PALYA, K.P.AGRAHARA BANGALORE-560023.
16. SMT. KANYAKUMARI W/O VIJAYAPRASAD, AGED ABOUT 40 YEARS 17. SHRI RANGAPRASAD S/O LATE THIMME GOWDA, AGED ABOUT 50 YEARS PETITIONER NOS.16 & 17 R/AT NO.2/1, 3RD BLOCK, 50TH CROSS, RAJAJINAGAR, BANGALORE-560010.
18. SMT. S. PUSHPALATHA W/O DHANAKOTI AGED ABOUT 39 YEARS R/AT NO.1006, 1ST MAIN, 3RD CROSS, VIJAYANAGARA, BANGALORE-560040.
19. SHRI L.S. RAMESH KUMAR S/O LATE SATHYANARAYANA SHETTY R/AT NO.104, 3RD MAIN, 1ST CROSS, VHBCS LAYOUT, MAHALAXMIPURAM, BANGALORE-560086.
20. SMT. S.V. BHAGYALAKSHMI W/O S. VENKATESH AGED ABOUT 39 YEARS R/AT NO.40, 7TH MAIN ROAD, JAYAMARUTHINAGAR, NANDINI LAYOUT, BANGALORE-570096.
21. SMT. B.S. SUCHITHRA W/O CHANDRABHANU KUMAR AGED ABOUT 42 YEARS R/AT NO.1006, 1ST MAIN 3RD CROSS, VIJAYANAGARA BANGALORE-560040.
22. SHRI V.P. SATHYANARAYANA S/O VENKATESH AGED ABOUT 25 YEARS R/AT NO.60/B, CHANNEL ROAD, CHOLURPALYA, MAGADI ROAD, BANGALORE-560023. ... PETITIONERS (BY SRI VISWANATH SETTY V., ADV.) AND:
1. THE UNDER SECRETARY TO GOVERNMENT HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE COMMISSIONER BBMP, BANGALORE-560 001.
3. THE EXECUTIVE ENGINEER BBMP, RAJAJINAGAR DIVISION, BANGALORE-560010.
4. THE SUPERINTENDENT HORTICULTURE DEPARTMENT, WEST ZONE, 8TH CROSS, MALLESWARAM, BANGALORE-560 003.
5. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560001. ... RESPONDENTS (BY SMT. KUSUMA VENKATESH, FOR SRI. ANAND BEERANNAVAR, ADVs. FOR R-2 TO R-4; SRI. ANANDEESWAR D.R., HCGP FOR R-1 AND R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 4 TO IDENTIFY SHRI RAMAMANDIRA PLAY GROUND, RAJAJINAGARA, III BLOCK, WARD NO.108, BANGALORE-560 010 ALSO AS ONE OF THE PLACES FOR RETAIL SALE OF CRACKERS, WHICH WAS BEING CARRIED OUT IN ALL THESE YEARS BY THE PETITIONERS AND OTHERS AS THAT OF THE R-2 TO 4 IDENTIFIED TO OFFER 60 PLAYGROUNDS IN BANGALORE CITY AND TO GRANT PERMISSION AND LICENSE AS PER THE PROCEDURE OF THE RESPONDENT NO.2 TO 5 AUTHORITIES AND ETC., THESE WRIT PETITIONS COMING ON FOR HEARING - INTERLOCUTORY APPLICATION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners are stated to be residents of Rajajinagar and surrounding areas. They state that they have been carrying on retail business in fire crackers for several years during Deepavali festival. Taking note of the safety of residents and as a precautionary measure, the respondent – authorities have decided that the cracker shops must be set up only in open areas and play grounds and that the sale of fire crackers de hors identified places, cannot take place. Petitioners submit that all these years, Sri Ramamandira Play Ground situated at 10th Main Road, 55th Cross Road, III Block, Ward No.10, Rajajinagar, Bengaluru, had been identified as one of the places for the sale of fire crackers. But, this year the said play ground has not been notified. In the circumstances, they have sought a direction to respondent Nos.2 to 4 to identify Sri Ramamandira play ground as one of the places for retail sale of crackers, as has been done in respect of 60 other play grounds in Bengaluru City and to grant permission to the petitioners to sell the crackers at the said play ground, as per the existing procedure.
2. Learned counsel appearing for the BBMP submits that in view of the judgment of this Court in W.P.No.5269/2016 between Ramamandira Youth Sports and Cultural Association vs. The Secretary, Urban Development Department, Government of Karnataka and others, disposed of on 14.11.2016, in which BBMP’s statement has been recorded to the effect that it would not convert the play grounds into commercial hubs and that only once in a week permission would be granted for holding social and cultural functions in the play grounds. The play ground in question has not been identified for sale of fire crackers this year. She however, submits that for three days, the said play ground could be made available to the petitioners or anybody else intending to sell crackers therein.
3. The said submission made by learned counsel for the BBMP is objected to by the petitioners’ counsel by contending that insofar as the other sixty play grounds which have been identified by the BBMP for selling fire crackers, permission is being granted for five days for sale of fire crackers and therefore, these petitioners or other similarly situated persons cannot be discriminated against by restricting the number of days to only three days. He submits that the decision taken in respect of other play grounds in the City may be followed insofar as the play ground at 10th Main Road, Rajajinagar also is concerned.
4. It is also brought to my notice that BBMP would even grant permission for sale of fire crackers in open private properties which is not in the interest of safety and security of citizens and that such sale must take place only in open areas such as play grounds and other notified areas, and private properties must not be subjected to such a danger.
5. It is noted that insofar as Ward No.108 is concerned, two play grounds have been identified on 17th Main Road and 6th Main Road, but the area of these play grounds are 2426.60 square meters and 1782.00 square meters respectively. The extent of both play grounds put together is less than the area of play ground situated on the 10th Main Road, which is 4429 square meters. In the circumstances, just as BBMP has permitted sixty other play grounds to be utilized for retail sale of fire crackers for a period of five days during Deepavali Festival, similarly play ground on 10th Main Road also must be identified and utilized for that purpose. The judgment of the Division Bench of this Court would not come in the way of the BBMP permitting retail sale of crackers for a period of only five days in the said play ground as said judgment dated 14.11.2016 is in the context of converting the play ground into a commercial hub and utilizing it for non- sporting activities. But sale of fire crackers in open spaces such as play grounds is in order to ensure safety of the citizens, as otherwise the retail sellers would sell the crackers in commercial hubs which would be more dangerous. It is also observed that rather than open and vacant places of private properties being utilized for retail sale of crackers, particularly in residential areas, open play grounds would be ideal for the sale of crackers.
6. The other grievance which is sought to be put forth is that the retailers would continue to sell fire crackers even beyond the period of permission and that would be a nuisance to all concerned and further, it would result in converting the play grounds into a commercial hub for more number of days as against the specified days. The solution to such grievance is for the BBMP to strictly notify the days on which the crackers could be sold at the said play grounds, as has been notified in respect of other play grounds in the City and to effectively enforce the terms and conditions of the permission and licence to sell the crackers, and once the festival is over on 20th of October, to ensure that the retailers vacate the play ground on the very next day and not linger on the play ground so as to carry out further sales.
7. In the circumstances, the respondent authorities are directed to permit the petitioners or anybody else similarly situated, to have retail sale of crackers at the Ramamandira Play Ground on 10th Main Road, Rajajinagar, as has been notified in respect of all other play grounds in the City, in case the petitioners or anybody else similarly situated comply with all the terms and conditions of the licence.
With the aforesaid observations and directions writ petitions are disposed of.
Petitioners’ counsel submits that today is the last date for submitting the applications. If the petitioners or anybody else similarly situated as the petitioners, submit their applications, the same be considered in accordance with law by respondent No.5.
In view of disposal of the writ petitions, I.A.No.1/2017 also stands disposed of.
Sd/- JUDGE ca