Observing orally that the “court is more concerned about environment” and “protection of environment is not a monopoly of activists”, the High Court of Karnataka on Monday declined to entertain a PIL petition, which had questioned the State government’s proposal to construct a seven-storied building for the High Court by demolishing an old building, which is surrounded by the Cubbon Park and earlier housed the office of the Election Commission.
Terming as “premature” the petition filed by the Cubbon Park Walkers’ Association, the court pointed out that the government had only granted in-principle approval to a proposal to demolish the old building and construct a new one. Neither has the government taken a final decision on construction of a seven-storied building nor have the High Court’s administrative wing or building committee approved any building plan or submitted plan for sanction from the Bruhat Bengaluru Mahanagara Palike, if such a permission is necessary, the court noted.
A Division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar, in its order also referred to a resolution passed on November 6, 2019 by the Full Court of the High Court, in which it was pointed out that discussions were going on with the State government and the Chief Secretary since June 2019 for providing additional space for shifting certain wings functioning from the basement of the existing court building as over 400 staffs have been working there in temporary offices.
A suggestion of demolishing the old building and constructing a new building on the same plinth area, with seven upper floors and two basements, came up in such meetings, the Bench said while pointing out that the Full Court had unanimously resolved that the State government must examine the legality and propriety of constructing a new building in place of the old one, including whether new construction will offend environmental laws and rights of citizens.
The Full Court had also resolved that the High Court’s administration must proceed further only if the government is of the view that the construction of the proposed building is legal.
“If the government is of the view that a new building cannot be constructed by demolishing the old one, the Full Court was of the view that the government may be requested to immediately allot a premises or a site for construction of a building in the area of minimum 1,20,000 sq ft in the vicinity of the High Court.
Earlier, the Bench orally observed that “courts love criticism but such criticism should be fair,” and described the allegations by the petitioner about violation of law as a mere “figment of imagination.”
Two other petitions
While observing that it has not decided the legality of the proposal to construct a new building by demolishing old one or whether proposed area falls within a park, the Bench decided to hear two other PIL petitions, which have sought directions for providing better working space for staff members working in the basement.
