Hasire Usiru
Campaign to Reclaim Bangalore's Commons
Press Release : 10 April 2009
Is the BBMP Commissioner above the law?
GKVK Agricultural Campus at risk of destruction merely for a road
(download PDF - 50 KB) (download pictures - .rar file, 5.3 MB)
The ongoing work on a 100 feet 4.5 kms road through the GKVK Campus (University of Agricultural Sciences, Bangalore) by BBMP is in clear violation of the law and the directions of the Hon'ble High Court of Karnataka in this regard. The road work has also been initiated after His Excellency the President of India declared General Elections in the country and is thus in blatant violation of the Election Code of Conduct.
ESG has perused through the various documents pertaining to the issue and has discovered the following alarming facts:
- Dr. Subramanya, IAS, Commissioner, BBMP has unilaterally and singularly taken the stand in his letter dated 23 March 2009 as follows: �BBMP has taken up the issue of obtaining Government permission in Agriculture Department for transfering the land required for the road. The Secretary, Dept. of Agriculture has been appraised of the position and he has asked the BBMP to go ahead with the work pending receiving official communication. I would like to submit that in fact no permission of any authority is needed as BBMP is contemplating development of a pre-existing road�. It is clear from this letter that as of 23 March 2009 no clear direction had been issued by the Government approving of the construction of the said road through the GKVK Campus. Clearly, therefore, the road construction has been initiated in blatant violation of the applicable law and judgments of the Court and under the singular authority of Dr. Subramanya.
- The letter of Asst. Executive Engineer, BBMP, dated 23 March 2009 has the explicit information that he is starting work relating to this new road from that date. This clarifies further that the work has started in violation of the Model Code of Conduct that has come into force on 02 March 2009.
- The University has approached the Chief Electoral Officer, Karnataka, seeking his intervention to stop the ongoing road work as being in violation of the Code of Conduct. This behoves on the CEO to ensure that Dr. Subramanya and his officials strictly comply with the Code of Conduct.
The Election Commission instructions through its letter no. 464/INST/2007-PLN-1 dated 07-01-07 addressed to the Chief Secretary and Chief Electoral Officers of all States and Union Territories has this explicit direction:
"On Welfare Schemes and Governmental Works":
1) Announcement of new projects or programme or concessions or financial grants in any form or promises thereof or laying of foundation stones, etc., which have the effect of influencing the voters in favour of the party in power is prohibited.
5) No work shall start in respect of which even if work orders have been issued before the model code came into effect, if the work has actually not started in the field. These works can start only after the completion of election process. However, if a work has actually started, that can continue.�
(Extract from the Compendium of Instructions on the Model Code of Conduct (Vol 3) is accessible online.)
It is clear from the above that even if the BBMP has full authority to undertake the road work as being claimed, it is not in the least possible to build the road, unless Dr. Subramanya is willing to risk the wrath of the Election Commission of India for violation of the Election Code of Conduct.
What is interesting is that the GKVK campus is infact forest land. The Univeristy was set up in 1965, and the Government granted 657 acres of forest land in 1966, thus making the current extent of GKVK campus land of 1380 acres, as predominantly forest land. If the BDA was to propose a road through the campus as claimed in the 2007 Revised Comprehensive Development Plan and if the BBMP was to implement this plan now, these agencies must and should have obtained the prior permission of the Central Empowered Committed constituted in the Godavaraman Case by the Hon'ble Supreme Court of India. Such permission has not been sought at all, and thereby the proposal to build such a road through the GKVK campus is clearly in contempt of the direction of the Hon'ble Supreme Court of India.
ESG joins issue on this matter in support of the contention raised to protect the GKVK campus from encroachment of any sort, by any authority, in the wider public interest and also to uphold the direction of the Supreme Court of India. In particular, ESG is clear that it will take all steps to implement the recent direction of the Hon'ble High Court of Karnataka in PIL (WP) 7107/2008, wherein the Court has clearly directed all authorities to strictly comply with the provisions of the Karnataka Town and Country Planning Act and the Karnataka Tree Preservation Act, amongst others. (The High Court direction is available for download - .rar file, 204 KB)
The indisputable fact is that BBMP broke down the protective wall of the GKVK campus on 23 March 2009, threatened the staff of the GKVK campus who protested this act of aggression, cut over 30 fully grown trees, and carted off the timber in clear violation of the Karnataka Tree Preservation Act. Further, in blatant disregard of the Hon'ble High Court's directions, BBMP has began construction of the road through the campus even when it has failed to secure a scheme involving consent of the University, based on a public consultation process as strictly required per the Karnataka Town and Country Planning Act.
It is imperative for the Tree Officer, BBMP to immediately take action against the Commissioner, BBMP for arrogating to himself powers beyond his brief in ordering the felling of trees inside a university, whose specific purpose is advancment of protection of biodiversity, research, education, collection of germplasm, ex situ protection of highly threatened species and medicinal plants, etc.
This highly condemnable act violating the rule of law and the Election Code of Conduct is clear indication of the brazen approach adopted by Dr. Subramanya in implementing a project whose public purpose is clearly in dispute. What is most disturbing is that despite all the media coverage and public opposition, Dr. Subramanya has threatened to continue this most illegal development of an unrequired road causing destruction of valuable open space reserved for research, education, conservation of valuable germplasm and biodiversity critical to advancing the food security of India, merely for a road.
We call upon the Chief Minister of Karnataka, Chief Secretary and Administrator of BBMP to intervene in the matter and issue directions to Dr. Subramanya to respect the law, and stop the illegal road construction.
Leo F. Saldanha Sunil Dutt Yadav
Coordinator Advocate
Environment Support Group
Address:
Environment Support Group �
105, East End B Main Road, Jayanagar 9th Block East, Bangalore 560069. INDIA
Tel: 91-80-26531339/22441977 Voice/Fax: 91-80-26534364
Email: [email protected] or [email protected] Web: www.esgindia.org
ESG is an independent not-for-profit organisation that promotes the cause of environmental and social justice through research, documentation, advocacy, training and campaign support. We aim to support the rights of local communities and voiceless ecosystems in a responsible, progressive manner that keeps contextual complexities in mind.