BMRCL gets BBMP to expedite 165 tree cut despite Ktka High Court instructions -HeritageBeku outraged

03/06/2020

Shri H.S. Rangaswamy,

Tree Officer and Deputy Conservator of Forests

Bruhat Bangalore Mahanagara Palike

Bangalore

Dear Sir:

Re: Proposed felling of 165 trees for the Bangalore Metro Project

We refer to the shocking report in the Bangalore Mirror dated May 27, 2020 wherein it was reported that the BBMP has permitted the felling of about 165 trees for the Bangalore Metro Rail Project, in order to build five Metro Stations for Reach 6. BMRCL has been permitted to go ahead with the tree-felling after 15 days.

The Report states that the Tree Committee has discussed with BMRCL, the possibility of saving some of the trees. We hereby categorically state that the due process of law has not been followed in ordering the felling of the trees.

As per the judgment of the High Court of Karnataka, no permissions for axing trees should be granted by the appropriate authority unless the Expert Tree Committee submits in writing the procedure and criteria for arriving at the number and type of trees to be axed and the census of trees is conducted. It is amply clear that the census of trees sought to be felled has not been conducted. We are also of the view that the Tree Committee has not finalized its Report on the felling of trees. Public consultation, which is mandatory, has also not been organized and the decision to fell 165 trees has been made in a hasty, surreptitious manner, without following due process of law, taking advantage of the restrictions on movement imposed during the COVID-19 lockdown. In fact, the Report prepared by the Tree Committee should be furnished to the citizens for their review and only then should a public consultation be held, once the citizens have had the opportunity to review the Report. Therefore, the decision of the BBMP in permitting BMRCL to fell 165 trees is patently illegal and ultra vires applicable laws, rules and regulations.

As per the judgment of the High Court of Karnataka on this aspect, a tree should be cut down only after all other alternatives have been examined and exhausted, with no other options to save the tree. There is no transparency or clarity on whether this test stipulated by the High Court of Karnataka has been applied in respect of the trees marked for felling. For instance, age of the tree should not be the only criterion to decide if it should be felled or not. It is also important that the Tree Committee has at least three (3) representatives from the civil society and concerned citizenry of Bengaluru. It is apparent that this requirement has also not been met with.

The arbitrary order to fell 165 trees is also against the provisions of the Zonal Regulations (Amendment) 2020 Act. The Heritage Committee constituted under the provisions of the Zonal Regulations (Amendment) 2020 should also be consulted and involved as the trees constitute natural heritage structures as per the provisions thereunder.

As responsible citizens of Bengaluru, we do not want even a single tree to be cut as far as possible. Other options should be actively considered. Whilst we are all for the Metro and other public utility projects, these projects should be planned in such a way that the greenery of the city is not compromised in any manner. We hereby request you to withdraw the permission granted to BMRCL, conduct a census of the trees, table the Report of the Tree Committee and call for a public hearing to discuss the requirement for felling the trees. We look forward to your prompt action.

Thanking You,

Yours Sincerely,

Team Heritage Beku

CC : Chief Secretary

CC: Tree Committee Chairman

CC: MD, BMRCL

CC: Hon High Court

What next at Cubbon Park?

We Cubbon Park & Heritage Beku

Where are we now ?

We need to know. We need to move forward. The Covid indices long gap should not be used to progress things that citizens oppose. The different stakeholders, Smart City, Horticulture, BBMP etc and all elected representatives must update citizens.

*Smart City Project*

• Govt Update

• How much has already been executed

• What is tender stage and public consultation

• Response on our detailed feedback

• Plans going forward

*Lockdown*

• Related to reopening , Unlock 1.0

• Administration & security of park during lockdown

• Following of rules without signage n fines is tough

• Impact on citizens

*Cubbon Park General*

• Rejuvenation plans

• Initiating Citizen Park Marshall’s to help CP admin

• Signage on rules - so delayed

• Removal of 50 toxic LED boards is a must. Letter sent

• Developing some branding collateral (I love CP badges T-shirt’s and cupa) proceeds to charity

*Citizen Engagement*

• Regular weekly updates collated from citizens for action

• Monthly open door / open air meetings with park citizens, rather than daily interaction.

• Use of We Cubbon Park FB and whatsapp as an interface to citizens - ie park updates, plans , seasonal pictures, new trees/plants planted, walking or cycling paths, signboards etc Showcase one staff member a month etc (know your Cubbon Soldiers etc)

• Official monthly events to showcase and engage - art, landscape, heritage, botany, kids and trees etc

• Official Walks and Tourism support

*Vision and Way Forward*

• Best park & pride of city

• Citizen friendly and symbiotic

• Leveraged citizens deep love for park

• Create sister city/ park memorandum with other countries

• Work closely with other Govt Dept’s to leverage and create symbiotic growth . Education , Tourism, Environment, Forestry etc

• Have the CM CS Mayor Commr give statements on this.

Anything else to be covered ?

Preserve SPCA Heritage Structure at Cubbon Park

Sunday , 26 April 2020

Ms Kusuma M

DD, Horticultural Department

Cubbon Park

Bangalore 560001

Dear Madam: 

Sub: Conservation and appropriate use of Heritage structure at Cubbon Park given to Karuna Animal Welfare

This has reference to our earlier discussion on the issue of the heritage SPCA structure now called Karuna Animal Shelter opposite the Queen Victoria statue. Records show SPCA was set up in 1888 but registered as a charity in May 1916. Originally in the early 1900s,  this was used for upkeep and treatment of the horses of the  Mounted police or British horse riders in the park , as well as taking care of any accident or cruelty cases to other animals like dogs and cats via SPCA. Post-independence, it was re allotted to  Bangalore SPCA. 

This office has been largely unused for the last 10 years after Bangalore SPCA was formally shut down in Bangalore and the former NGO now re structured as Karuna Animal shelter in the late 1980s, continued from its new name as of 2001. Both Heritage supporters and Animal Welfare people have been surprised that this office has been completely non-functional, hardly occupied, and very rarely responsive on issues of Animal Welfare. Calls to the number largely go unanswered and most trauma or accident cases that happen close by anyway are sent to CUPA or CARE instead. This is an underuse of central location to address cases of animal cruelty. Since there is little clarity on why and how it is there, and perhaps because no one has questioned it, it has continued in this odd limbo. This needs to be addressed and better late than never.

While the transfer to a private NGO like Karuna  may have happened by default and perhaps with a good intention to continue the good work of Animal Welfare, we are concerned that both from an ownership perspective and a functional perspective of delivering on Animal Welfare there is no upside or positive impact at all. Even accident or trauma cases in Cubbon Park with the Park dogs are not treated here, as there is no one in the office most of the week. We understand that this tiny structure comes under the purview of the Horticulture department and since this is largely unused we would request that this be used a living museum highlighting Cubbon Park heritage, showcase the historical animal care focus, animal trauma coordination, and the back area be reserved for any animal trauma at Cubbon park itself. As you are aware many  from The CJ Memorial Trust and Cubbon Park Canines group look after the hundred or so dogs in the park. This would be very beneficial for us to ensure the few dogs that get hurt or need treatment can be temporarily housed until we transfer them to a shelter or hospital for treatment . To this extent, a couple of rusted cages already there that can be repaired and used .

We have been meaning to discuss this for the last few years but with one thing or the other it has been passed over for bringing it to your attention. However considering the tremendous concerns around heritage and preservation as well as lack of functionality of the animal shelter that we would request that the suggestions that we have given, as well as an oversight for helping on this from the Animal Welfare aspect can be considered, so as to provide continuity towards its original  purpose as well as maintain this beautiful though small heritage structure.

We look forward to hearing from you and to your kind and immediate action on this matter. 

Thanking you ,

Your sincerely

Priya Chetty-Rajagopal 

Founder, #HeritageBeku 

cc BBMP Commissioner

cc: Chief Secretary

cc Heritage Conservation Committee, Bangalore (ACS , UDD) 

---