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    CUBBON PARK WALKERS ASSOCIATION v. THE STATE OF KARNATAKA

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 22NDDAY OF OCTOBER, 2020

    PRESENT

    THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

    AND

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA W.P.No.10949/2020 (GM - RES)

    BETWEEN:

    Cubbon Park Walkers Association (registered as a society under the Karnataka Societies Registration Act, 1960) No.19, 1stfloor, 18thCross,

    Cubbonpet, Bengaluru - 560 002. (Represented by its President Sri. S.Umesh) … Petitioner

    (By Sri. B.V.Shankaranarayana Rao, Adv.)

    AND:

    1. The State of Karnataka, Represented by Chief Secretary, Government of Karnataka, Vidhana Soudha, Bengaluru - 560 001.

    2. The Home Secretary, Home Department, Government of Karnataka, Vidhana Soudha,

    Bengaluru - 560 001.

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    3. The Additional Chief Secretary Urban Development Department Vikasa Soudha,

    Bengaluru - 560 001.

    4. Directorate of Urban Land Transport Urban Development Department, Vikasa Soudha,

    Bengaluru - 560 001.

    (Represented by its Director)

    5. The Principal Secretary, The Department of Horticulture Government of Karnataka, Bengaluru - 560 001.

    6. The Deputy Director of Horticulture(Cubbon Park) Government of Karnataka, Cubbon Park, Bengaluru - 560 001. … Respondents

    (By Sri. T.L.Kiran Kumar, AGA) This petition is filed under Article 226 of Constitution of India, praying to direct to R-1 to Act upon and implement the recommendation dated

    2.9.2020(Annexure-b) made by the R-3 in its letter and spirit and thus Cubbon Park be closed for motorized traffic including parking of the vehicles. This petition coming on for Preliminary Hearing this day, NAGARATHNA, J., made the following:

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    ORDER

    1. We have heard learned counsel for the petitioner through video conference and the learned Additional Government Advocate for the respondents, who has appeared in Court.

    2. This writ petition is filed as a public interest litigation seeking a direction to respondent No.1 to act upon and implement the recommendation dated 02.09.2020 made by respondent No.3 (Annexure-B) in its letter and spirit in the matter of closure of motorized traffic including parking of vehicles in Cubbon Park, which is also officially known as 'Chamarajendra Park'. According to the petitioner, which is an association of persons who walk in Cubbon Park, they have initiated several proactive steps to preserve the heritage value and greenery of Cubbon Park. That Cubbon Park has a history of over hundred years and it was established in the year 1870 and the park was named initially as

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    'Meade's Park' in honour of Sri John Meade, the then Acting Commissioner of Mysore and subsequently, it was renamed as Cubbon Park in the memory of Mark Cubbon. Thereafter, in the year 1948, the park was officially renamed as 'Chamarajendra Park'. That the park has a heritage value and is a lung space for the residents of Bengaluru. However, as it is now being threatened by vehicular movement and parking, the ecological balance of the park has been adversely affected. In the above circumstances, a recommendation has been made by the Director of Urban Land Transport in order to ensure that there is no vehicular movement or parking of the vehicles in the park. The recommendation dated 02.09.2020 is at Annexure-B by means of a letter sent to the Secretary to the Government, Horiticulture and Sericulture Department by the Directorate of Urban Land Transport.

    3. In the circumstances, learned counsel for the petitioner has stated that closing of Cubbon Park to

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    motorized traffic would help in maintaining the park, its ecological balance, its greenery and as a lung space for the residents of Bengaluru. Learned counsel for the petitioner also submitted that if the park is closed for vehicular movement, it would not cause any inconvenience as there are roads all around the park which could be made use by the motorists. He submitted that the park must be used only as a recreation centre and for the citizens who would like to spend time either for walking or for relaxation, but on the other hand, the vehicular movement is not only causing danger to the citizens who walk in the park or spend time there, but is also causing pollution and disrupting the ecological balance of the park and thereby leading to degradation of its flora as well as fauna and affecting the exotics birds. Therefore, a direction may be issued to the respondents to implement the recommendation dated 02.09.2020 at Annexure-B in its letter and spirit.

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    4. Learned Additional Government Advocate, on instructions, submitted that the recommendation dated 02.09.2020 at Annexure-B is under active consideration and the matter is under consideration by the Hon'ble Chief Minister and therefore, it may not be necessary to issue any direction at this stage and therefore, writ petition may be accordingly disposed.

    5. In the circumstances, taking note of the submissions of the learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the respondents, we can only direct the respondents to consider the recommendation dated 02.09.2020 at Annexure-B in its proper perspective and in accordance with law, as expeditiously as possible and within a period of six weeks from today.

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    Writ Petition is accordingly disposed.

    Sd/-

    JUDGE

    Sd/-

    JUDGE

    PKS

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    CUBBON PARK WALKERS ASSOCIATION v. THE STATE OF KARNATAKA
    (Oct 22, 2020)