Save the last Bangalore Baobab Tree, High Court!

-Update: Covered in Bangalore Mirror 20 May

-Also covered in Indian Express 23 May 2024:

Historian writes to Karnataka High Court Registrar to protect Cubbon Park baobab tree

According to the letter, the Cubbon Park baobab tree, which now falls in the Karnataka High Court premises, is probably the last such tree in Bengaluru.

In a letter to the Karnataka High Court Registrar, historian, author and member of Heritage Beku (a heritage advocacy group) Suresh Jayaram has recently pointed out that a baobab tree of the Cubbon Park has been “fenced” and a stationery shop has come up next to it, threatening the existence of the tree.

Cubbon Park currently falls in the premises of the High Court.

The letter, which was written on May 17, suggested the office of the Registrar to negotiate with authorities such as the Horticulture department to ensure the continued existence of the tree.

The letter further pointed out that after the death of the baobab tree in the Lalbagh garden, this is probably the last such tree in the city and hence steps should be taken by the government to conserve it. The letter added that it is important to showcase the rarity and cultural significance of the tree.

Speaking to indianexpress.com, Jayaram said, “What happens is that the tree gets totally lost (from view) in this situation where there is a shop selling materials such as papers etc.”

He added, “The questions that arise are how do we make the authorities aware of it? How can the Horticulture department and the High Court come together? It is an exceptional tree and should be allowed to grow.”

Baobab trees, which are mostly native to Africa, are known for their height and width, as well as lifespan, with the oldest baobabs surviving for more than a thousand years. In Bengaluru, baobab trees are known as gorakshaks.

© The Indian Express Pvt Ltd

First uploaded on: 22-05-2024 at 16:40 IST 17 May 2024

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17May 2024

The Registrar

The Karnataka High Court

Cubbon Park

Bangalore 560001

Dear Sir:

Subject: Saving the Baobab Tree enclosed by electric fence & construction at High Court

Cubbon Park is the axis of this city, the political, judicial, social and cultural space. I have been a city chronicler as an active Park user and Heritage Beku member. Cubbon Park is a place for people, representing a cosmopolitan diversity of people and trees.

We all know of the biodiversity of Cubbon Park; it has many special trees; it is interesting to note that on the High Court Premises, there is a sacred Baobab tree of African Origin, also locally called the Gorakshak tree. Unfortunately, this has been enclosed for security reasons with a fence and is occupied by an establishment that sells stationary for the public in the court.

Showcasing the tree's rarity and unique cultural significance will be important. This will involve your good office to intervene to make necessary negotiations with the horticulture department and other  authorities to restore its structure and continued existence.

My heart goes out when I see a baobab tree enclosed in this manner and not visible to the public. Besides a rich historical past and medicinal values, the number of baobab trees has decreased; we lost one in Lalbagh recently. This may be on the last trees left . Now the government should take some steps to conserve it.

If the government is serious about conserving them, it should bring in some special provisions to ensure that no one cuts these trees and gives them the dignity they deserve.

Sincerely

Suresh Jayaram

1 Shanthi Road

Exempt BBMP Property Tax for Heritage Properties

25 Feb 2024

Chief Commissioner BBMP

Bengaluru

Email: commr@bbmp.gov

Dear Sir:

Subject: Request for Heritage buildings and spaces to be exempt from BBMP Property tax

The new property tax system draft based on guidance value will potentially have a grave detrimental impact on heritage buildings. This aspect may have been inadvertently missed out in this draft as we are aware that BBMP has placed a strong focus on preserving heritage as outlined in the UDD Model Building Bylaws 2017. High Court had also reiterated set up of a Heritage Conservation Committee in Jun 23. We therefore urge BBMP to not only to exempt all buildings from this new system, but to completely exempt them from property tax at all, and to incentivize owners and tenants to preserve the building such as it is. We also recommend that incentives and given for maintenance and restoration for such buildings and a matching grant or a separate fund be created to ensure that these buildings remain as part of a glorious city history and heritage. As part of our smart city focus, this needs to be done and protected. Else this move will be viewed as an attempt to openly encourage demolition & development of such heritage properties, by penalizing already struggling owners.

On the positive side, this is actually a good time for the BBMP to demonstrate their genuine commitment to heritage and its preservation to preserve core city history. Our thoughts as are under:

• BBMP must use this & other tools (heritage fund, PPP, TDR etc) to incentivize heritage property to owners to retain & preserve Bangalore’s collective history, There are NONE at present, and a myopic, narrow view could further heritage erosion. That is not what a visionary city corporation wants, we presume.

• The capital value of such old homes will be huge given land & location. There is no additional revenue inflow while the capital value appreciates. Unrealistic Tax on such properties will be a huge disincentive to conserve. Therefore, the guidance value proposed is meaningless, even counterproductive. Delhi had proposed tax sops incl full waiver and West Bengal , Kolkata as well.

• High property tax may appear to many that the intent is to make properties available for development, as that is where the potential for the present government to make gains. In the last RMP too, there was a dramatic increase in heritage buildings being sold for development. This must be prevented.

• The reality is that most old properties have multiple, and often, adversarial owners. The others (except a few well invested ones) are sadly waiting for the right excuse to sell and this could be the final straw. It's hard to own these properties - security, maintenance and most of all costs are very difficult. There is no reason to keep them for most and this property tax revision could serve as just another excuse to give up.

• The government also should:

o Allow for higher depreciation for older buildings.

o Have tax incentives or matching grants for any building maintenance or restoration.

o Heritage Fund and ward wise budget allocation

o Discount for open spaces within private properties like gardens. For eg within the revenue ambit, there is a provision for nil revenue payable for uncultivable lands. It should be similar for heritage.

Look forward to your taking these simple steps in the property tax issue to prioritize city heritage conservation.

Thanking You,

Yours Sincerely,

Team Heritage Beku

Links:

• 
  

• BBMP Draft Property Tax

• https://www.deccanherald.com/india/karnataka/bengaluru/guidance-value-to-form-basis-of-property-tax-in-bengaluru-2904556

• UDD Model Building Bylaws 2017

• Heritage Conservation Committee

• core city

• huge disincentive to conserve

• tax sops

• full waiver

• World Bank Reform

• Kolkata

Foundation Stone for Constitution Club at Balabrooie..

Karnataka Legislature Institute (Constitution Club) to come up at Balabrooie

Pity to see this update in the Deccan Herald of Feb 13 2024

https://www.deccanherald.com/india/karnataka/denied-entry-into-prestigious-clubs-over-dress-codes-siddaramaiah-announces-constitution-club-for-elected-reps-2892204

Bangalore Environment Trust (BET) had filed a strong appeal to protect Balabrooie and its ancient trees, and got a stay also,.

Mr Kalappa had filed before the NGT ie National Green Tribunal as under https://greentribunal.gov.in/sites/default/files/news_updates/1423.pdf

The only plus is that the judge has very clear in his court orders of Jan 2023 while vacating the stay that there can only be restoration and maintenance, no addition, demolition of building or any cutting of trees viz ,to carry out maintenance of the building by improving the aesthetic of the interior of the guest house without making any structural modifcation and there shall be no damage to the trees in respect of the guest house area. Here are the List of Trees in Balabrooie. The GoK Signed the below affidavit in its request to vacate the stay in Dec 2022

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Smt. T.V. Sunandamma, D/o. T.M. Virupanna who is working as Under

Secretary to Government, Department of Personnel and Administrative

Reforms (State Protocol), Vidhana Soudha, Bengaluru, has fled a affidavit

contending that the writ petition has been filed by the petitioners seeking a

direction to the Tree Authorities, Tree Officer, to comply with the Karnataka

Preservation of Trees Act, 1976 and Karnataka Preservation of Trees Rules,

1977.

It is further contended that I.A.No.8/2021 came to be filed by the

petitioners relating to the Press Meeting held by the Speaker of the

Karnataka Legislative Assembly regarding a decision of “Constitution Club”

at Balabrooie Guest House in the city. This Court, considering the

averments made in the application regarding grievance of the petitioner that

there were trees which are 100 to 200 years old, granted interim relief. The

grievance of the petitioner was that there will be felling of trees in the

heritage building contending that State Government should be restrained

from construction of “Constitution Club” in Balabrooie Guest House. This

Court, vide order dated 07.10.2021, directed the parties to maintain status-

quo in respect of the structure in question and other adjoining areas in the

guest house and further directed that the building should not be allotted to

any other organization until further orders of this Court and no felling /

trimming of trees, cutting of shrubs shall take place without the leave of the

Court. It is further contended that as per the direction of this Court, the

BBMP had conducted a tree census of the entire area and have fled a

report stating that there are 159 trees in the Guest House area. It is also

contended that there is no proposal of reconstruction / redesign /

demolition of the Balabrooie Guest House before the Government. There is

only a proposal of maintenance of the building by improving the aesthetic

of interior of the guest house without making any structural modifcation or

changing the exterior and interior works of the building, so as to

accommodate the Constitution Club. Learned Additional Government

Advocate has further undertaken that no trees are being felled for this

purpose and there would be no damage to the trees in the guest house

area. Further, the grievance of the petitioners that the trees would be felled

is incorrect as there is no proposal for cutting or felling of any of the trees in

the guest house area. She has further undertaken that there is no

demolition or reconstruction of the existing Balabrooie Guest House nor

there is any action of cutting of the trees in the guest house and the order of

status-quo in respect of the building for allotting the said guest house be

vacated. Learned counsel for the petitioner has not fled any Statement of

Objections to the said application. The State has stated in paragraph 5 of

the application that there is only a proposal of maintenance of the building

by improving the aesthetic of interiors of the guest house without making

any structural modifcation or changing the exterior and interior works of

the building, so as to accommodate the Constitution Club. The said

statement is recorded and is taken as an undertaking. She has further

undertaken that there will be no damage to the trees in the guest house

area. The said statement is taken as an undertaking. In view of the same,

I.A.No.15/2022 is allowed and the order dated 07.10.2021 is modifed.

The respondent is directed to carry out maintenance of the building by

improving the aesthetic of the interior of the guest house without making

any structural modifcation and there shall be no damage to the trees in

respect of the guest house area. The State is permitted to convert the

Guest House into a “Constitutional Club” after obtaining necessary

permission from the concerned Authority. Learned counsel for

Respondent No.5 seeks time to fle a quarterly Status report from October

2022 to December 2022. He is permitted to fle the said Quarterly report

within a period of two weeks from today. BBMP is also permitted to file a

Status Report within a period of two weeks. Interim order granted on

07.10.2021 is extended till the next date of hearing. Learned counsel for

the BBMP seeks time to fle Statement of Objections to I.A.No.13/2022.

Two weeks’ time is granted to fle Statement of Objections. Re-list this

petition on 06.02.2023.