Cubbon park's shrinking space

Govt's recent boundary redefinition has reduced the park size to 167.17 acres

Cubbon Park, the only lung space in Central Bengaluru, has been drastically cut down in area. A recent State government notification, redefining the boundaries of this historical park, has reduced its size from 245.31 acres to 167.17 acres.

But more importantly, the exclusion of government buildings from the purview of the park, has increased the potential for their alteration without going through the pre-conditions laid out by the Karnataka Government Parks (Preservation) Act, 1975. Finalised on July 30, 2015, the latest cabinet decision on the boundary redefinition is the fifth of its kind in the last three decades. 

Can Bengalureans now expect the decision makers to be responsible while according sanction for expansion, alteration or construction works at government buildings that are close to the park area?

The proceedings of the high-level meeting, prior to the cabinet decision, had observed: “It was also felt that excluding the government buildings from the limit of Cubbon Park would not lead to any impact on the park or the environment as the Government Departments are responsive to the needs of maintaining the sanctity of Cubbon Park. If required, in future, circulars could be issued on the protocol to be followed for maintenance and development of these government buildings.''

The government decision has put 27 buildings, which are on the periphery of the park, out of the Cubbon Park jurisdiction. These buildings are; High Court building, Old KGID Building, Old Election Commission Office, General Post Office, Telegraph Office, Bangalore Press Club, Aquarium, Cubbon Park Police Station, Visvesvaraya Technological Museum, Visvesvaraya Industrial Trade Centre, Government Museum, Venkatappa Art Gallery, Krishik Samaj, Magistrate Court, DGP & IGP Office, Reserve Bank of India, Yavanika, PWD Offices, CPI Offices, State Huzur Treasury Office (New Public Offices), Commissioner SSLR, Bescom, NGO's and KGS Club, Fisheries Department Building, Priyadarshini Children Library and Karnataka Wine Board.

The notification shows the government buildings inside the green space of Cubbon Park – Public Library, Bal Bhavan, DDH Offices of Horticulture Department and BWSSB water treatment plant – as within the Cubbon Park limits. Besides, the private properties within the park area including the Karnataka State Lawn Tennis Association, Century Club and YMCA will continue to be within the park limit.

Exclusion illegal
Besides the risks involved in the possible commercialisation at these government buildings, the very process of excluding them itself is illegal, reasons environmentalist Leo F Saldana. “There is a superior law above preservation of the Parks act, the Karnataka Town and Country Planning Act. Any change of land use has to go through certain procedures such as issuance of public notification, calling for objections. In my view, if the government buildings that were earlier part of Cubbon Park, are now excluded without compliance with this act, the decision is patently illegal,” he notes.
The implications could be dramatic. Saldanha fears that based on this notification, the government buildings might go for expansion without any regard for the environment. He explains, “We have seen this in the case of Legislators Home when it was excluded from the Cubbon Park. Similarly, in any of these buildings, mainly in KGS Club, a lavish hotel might come up. Or they might come up with huge vertical building. It is going to harm the park area and density of traffic may also increase. Plus there would be other issues such as sanitation and sewage.”

The total area of the excluded government buildings is 67 acres and nine guntas. Similar threat lurks with the latest notification as well. For, the buildings that have been excluded such as SSLR building, Bescom complex, NGO's and KGS Club and Fisheries Department Building are too close to the Park's vegetation area. Any construction work might affect the lung space of the park.

The issue pertaining to the jurisdiction of the park area came up when a complaint was filed with the Upalokayukta Justice Subhash B Adi. The complaint alleged illegal construction at private buildings within the park limits, as per the Karnataka Government Parks (Preservation) Act.

The Upalokayukta had then directed the Department of Survey Settlement and Land Records (SSLR) to hold a survey and submit the report. Besides listing the number of buildings which were part of Cubbon Park, the report stated that only the Reserve Bank of India building on Nrupatunga Road has original record (title deed). Except for survey reference, no other original records were available pertaining to these buildings. The Upa Lokayukta Justice Adi thereafter directed the Principal Secretary (Horticulture) to take a decision on the title deeds issue and also on the Cubbon Park's jurisdiction.