Karnataka High Court restrains further construction inside Bengaluru's Cubbon Park

The Karnataka High Court recently restrained further construction of the Karnataka State Government Employees' Association (KSGEA) building in Bengaluru's Cubbon Park. .A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice SS Magadum directed that another building, constructed by the Horticulture Department for housing the Horticultural Producers' Cooperative Marketing and Processing Society (HOPCOMS), should not be occupied without permission of the Court.."As far as construction undertaken by Respondent 4 (Director of Horticulture), we make it clear that all further construction will be subject to orders which may passed by this court and the building that is ultimately constructed shall not be occupied, without seeking leave of the court...We have perused pictures at annexure of the construction carried out by respondent 14 (KSGEA), we restrain the respondent from proceeding with further construction", said the Court in its order. .The Bench was hearing a plea moved by Cubbon Park Walkers Association seeking a direction to demolish the construction in Cubbon Park erected in disregard of the provisions of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation Act)..The petitioners submitted that if the constructions are allowed to remain, it will cause irreparable loss and injury to the general public. Therefore, the said illegal construction is required to be demolished and the Cubbon Park is required to be restored to its original glory, the plea states. .It was further contended that the Principal Secretary, Public Works Department had permitted the construction of several buildings within Cubbon Park, even after the petitioner Association had filed a complaint before the Lokayukta. .Moreover, it is claimed that no clearance was obtained from the Court or by the concerned respondents before carrying out such construction in Cubbon Park..If the construction is allowed to remain, it would affect the quality of life of the citizens residing nearby. This is a clear violation of Article 21 of the Constitution, the petitioner association argued before the Court..On these grounds, the plea seeks a direction to demolish all constructions which were carried out illegally, in violation of the 1985 Act. .The matter has been adjourned to March 2. .[Read Plea here]