Plea against building in park dismissed

By Our Correspondent

BANGALORE, AUG. 13. A Division Bench of the Karnataka High Court today dismissed a public interest writ petition and related writ petitions questioning the construction of an annexe to the Legislators' Home and other constructions within Cubbon Park. The Bench comprised the Chief Justice, Mr. P.V. Reddi, and Mr. Justice N.K. Patil.

A letter written by Prof. G.K. Govinda Rao on October 17, 1998 was treated as a public interest writ petition. Along with the public interest petition, a number of petitions were filed by various organisations and individuals challenging the validity of the notification issued by the Government on July 30, 1998 under the Karnataka Government Parks (Prevention) Act, 1976.

According to the petitioners, the annexe near the Legislators' Home was coming up on land notified as Cubbon Park. There was also a proposal to construct a ground-level reservoir. This would reduce the area of the park and cause environmental hazards. The petitioners also said the Government did not have the power to issue the July 30, 1998 notification.

The Government stated that the notification was issued since the land was required for construction of additional accommodation for legislators, and the denotified area was just 3 per cent of the total area of the park. The Government also stated that it was aware of its responsibility in maintaining and improving Cubbon Park.

The judges after hearing counsel for the petitioners, and the Advocate-General on behalf of the State, upheld the validity of the notification. The judges directed that before any new constructions were taken up under the notification, the Government or the local authority would have to place the relevant facts before the court and obtain permission.

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Section  : Southern States
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