- Priya Chetty
- Feb 14, 2024
- 4 min read
Karnataka Legislature Institute (Constitution Club) to come up at Balabrooie
Pity to see this update in the Deccan Herald of Feb 13 2024
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
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.
