<p>The high court has restrained the BBMP from felling any tree for the construction of a skywalk at the NR Colony bus stand in southern Bengaluru. But the court declined to stop the construction, noting that it is not for the writ court to decide where a skywalk should be built. </p>.<p>Thyagarajanagar resident Prashanth has filed a PIL petition before the court. Appearing as party-in-person on Wednesday, he contended that the place where the skywalk has been proposed has narrow roads and that pedestrians will be put to hardship in case the skywalk comes up there. </p>.<p>He said footpaths in the area were encroached upon but the authorities had not taken any action. </p>.<p>A division bench led by Chief Justice Abhay S Oka said: “This is not a case where any mala fide is alleged when it comes to deciding the location at which skywalk is to be constructed. There is no statutory bar on the construction of skywalks. Therefore, as far as the decision to construct the skywalk is concerned, the matter is best left to the experts in the field and writ court will not interfere.” </p>.<p>As regards the encroachments on the footpath, the court said it was the BBMP’s duty to take the necessary action. And as far as the felling of trees for the construction of the skywalk is concerned, the court said, no authority can cut the trees without obtaining the necessary permissions under the Karnataka Preservation of Trees Act.</p>.<p>The bench said the BBMP was fully aware that the powers of a tree officer as defined under section 8 of the Karnataka Preservation of Trees Act are being exercised by a committee of experts appointed under a PIL petition pending before the court. </p>.<p>The court directed the BBMP to ensure that no tree is cut for the construction of the skywalk without obtaining the necessary permissions. It also ordered the civic body to depute an officer to visit the site to clear the encroachments, if any, in the vicinity of the proposed skywalk. The BBMP has been directed to submit a compliance report. </p>
<p>The high court has restrained the BBMP from felling any tree for the construction of a skywalk at the NR Colony bus stand in southern Bengaluru. But the court declined to stop the construction, noting that it is not for the writ court to decide where a skywalk should be built. </p>.<p>Thyagarajanagar resident Prashanth has filed a PIL petition before the court. Appearing as party-in-person on Wednesday, he contended that the place where the skywalk has been proposed has narrow roads and that pedestrians will be put to hardship in case the skywalk comes up there. </p>.<p>He said footpaths in the area were encroached upon but the authorities had not taken any action. </p>.<p>A division bench led by Chief Justice Abhay S Oka said: “This is not a case where any mala fide is alleged when it comes to deciding the location at which skywalk is to be constructed. There is no statutory bar on the construction of skywalks. Therefore, as far as the decision to construct the skywalk is concerned, the matter is best left to the experts in the field and writ court will not interfere.” </p>.<p>As regards the encroachments on the footpath, the court said it was the BBMP’s duty to take the necessary action. And as far as the felling of trees for the construction of the skywalk is concerned, the court said, no authority can cut the trees without obtaining the necessary permissions under the Karnataka Preservation of Trees Act.</p>.<p>The bench said the BBMP was fully aware that the powers of a tree officer as defined under section 8 of the Karnataka Preservation of Trees Act are being exercised by a committee of experts appointed under a PIL petition pending before the court. </p>.<p>The court directed the BBMP to ensure that no tree is cut for the construction of the skywalk without obtaining the necessary permissions. It also ordered the civic body to depute an officer to visit the site to clear the encroachments, if any, in the vicinity of the proposed skywalk. The BBMP has been directed to submit a compliance report. </p>
