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Following a public interest litigation (PIL) filed by the Cubbon Park Walkers Association, the court had earlier constituted a fact-finding committee comprising engineers from the Public Works Department and the Assistant Director of Land Records to conduct a survey and report if the building has come up on land that is part of Cubbon Park.
The survey report presented to the division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi stated that the building is outside Cubbon Park limits. Considering this report, the court allowed Horticultural Producers Cooperative Marketing and Processing Society Limited (HOPCOMS) to use the building located near Hudson Circle in the city.
The report also mentioned that the Karnataka State Government Employees Association is also outside Cubbon Park limits and the court has also allowed its use by the Association. The court, however, specified that it would be subject to the final judgment in the case.
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The PIL claims that Cubbon Park is notified under the Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act but the authorities have allowed several illegal constructions inside it by the respondents, who are operating under lease inside the park.