Metro rail to pass through Cubbon Park

HC's green signal

The High Court on Tuesday allowed the Bangalore Metro Rail Corporation Limited (BMRCL) to go ahead with the work on the stretch along Vidhana Soudha. But the court wants the work to be completed in two years and the land restored to its current state.

A division bench comprising Chief Justice J S Khehar and Justice Manjula Chellur also allowed the BMRCL to lay a temporary road through the High Court premises. This road will divert traffic from BR Ambedkar Road until completion of the project.

Ninety-five trees, including 22 on the High Court premises, are to be axed for the project and traffic diversion. 

A petitioner, Vimal Desai, had insisted that Vidhana Soudha comes under Cubbon Park and so construction cannot be permitted as per High Court directions. The Bench observed: “The project is coming on Dr Ambedkar Road. So, not any part of Cubbon Park is included and will not affect the green cover of the park.”

Citing a Supreme Court verdict on the war memorial dated August 30, 2010, the Bench said the Section 4 of Karnataka Government Trees (Preservation)Act, 1975, has not barred construction in the Cubbon Park area.

“After going through the Supreme Court judgment in the war memorial case, we have no hesitation to say that Section 4 of the act cannot be an absolute bar for any constructions activities,” the court observed.

The BMRCL, the court said, had changed the alignment to go underground by spending Rs 179.35 cr. “This is done exclusively to save the environment and we are satisfied with two aspects regarding the environment as there will not be any loss of green cover,” it said. The existence of the metro station would help the transportation of a large number of commuter coming to the High Court and Vidhana Soudha daily.

The court allowed the construction of an ancillary building for the metro. It rejected the submission of R Venkataram, retired chief engineer of the Civil Engineering Department and environment engineering consultant to the chief secretary. It directed the government not to give it for commercial purpose. 

Earlier, senior counsel DLN Rao submitted that the BMRCL had realigned its project near Cubbon Park. The earlier alignment had an overhead construction of 1208 sqm through the park and 406 sqm underground. It was realigned with the underground extended to 1456 sqm and the overhead stretch reduced to 406 sqm, the petitioner contended.