SC orders status quo on Cubbon Park building 12 Feb 2002, 2318 hrs IST , TIMES NEWS NETWORK
bangalore: the supreme court on friday
directed the state government to maintain status quo with regard to the
construction of the legislature house annexe building. the denotification of 32
acres of cubbon park by the state government in 1998 for the construction of the
second annexe that was upheld in the karnataka high court was challenged by
petitioner bimal n desai and argued by m g kumar. the order of the supreme court
will bring to a standstill, the construction of the legislators' home and the
water tank in the indira gandhi fountain park located in cubbon park. the cubbon
park, at its prime, stretched over an areas of more than 300 acres in 1873 and
has now been reduced to less than 190 acres. with the object of saving
government parks from further shrinkage, the state government enacted the
karnataka government parks (preservation) act. a statutory duty was imposed vide
this act on the state government to maintain and preserve all the government
parks including the already existing cubbon park after notifying their
boundaries. they also passed a general order prohibiting any construction
temporary or permanent, in the cubbon park. however, statutory duty to preserve
and protect the park, illegal buildings continued to be permitted inside the
notified boundaries of the park. in 1997, the petitioner filed a writ petition
challenging the illegal construction of the legislator's home annexe building
within the notified cubbon park area. but the petition was disposed by the high
court based on the assurances given by the respondents that ``the grievances of
the petitioner was being remedied taking appropriate effective measures''. when
a criminal contempt petition was filed later for defying the said orders.
directions were issued to the state government and others to ensure that
contempt is not continued ot aggravated. `but later the respondents moved an
interlocutory application for modification where they prayed for modifications
to the extent that respondents be allowed by the court to complete the roofing
work of the basement of the building, which was allowed by the high court.
meanwhile, two notifications were passed by the state government under karnataka
government park preservation act redefining and reducing 32 acres of cubbon park
area, thus denotifying and excluding the construction of the annexe building
from the boundaries of the cubbon park.
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