Karnataka High Court Allows Relocation Of Ambedkar Statue Illegally Erected On Public Land

A division bench of Chief Justice Abhay Oka and Justice N S Sanjay Gowda though accepted the undertaking given by Revanna Siddappa, President of Dr B R Ambedkar Youth Association, it noted that, 

"We must make a note that illegality was committed by respondent 10, in the name of Dr Babasaheb Ambedkar, who was not only architect and author of Constitution of India, but was a great human being. He believed in the Rule of law."

It added, "Respondent 10 has shown disrespect to the great human being by committing illegality in his name. Moreover, respondent 10 has erected a statue of the great human being on public property."

The bench even referred to Dr Ambedkar's historic speech delivered before the constituent assembly on 25^th November, 1949.

Case Background:

In November 2019, the youth association, erected a statue of Dr. Ambedkar on government land adjacent to a bus stand without requisite permission. Certain villagers raised objections to this. A complaint was then submitted on the basis of which a resolution was passed by the gram panchayat on March 5, 2020. The resolution discussed the issue of the statute and it was decided that a proposal would be sent to respondent 9 (Panchayath Development Officer, Hiremegalagere Grama Panchayath, Davengere) about the relocation of the statute. By its order dated February 29, 2020, the Panchayat Development Officer ordered removal of the statue.

Petitioners Neelappa O and others approached the court placing reliance on the order of the Panchayat development officer. By order dated August 10, 2020, the court directed Deputy Commissioner to appoint any officer not below the rank of Assistant Commissioner to look into the legality and validity of the act of erecting the statue. Accordingly, a report was submitted by the Assistant Commissioner on August 9, 2020.

The report recorded that officer bearers of respondent 10 agreed that if private landowners come forward, they may be permitted to install it on the private property. The report states that the statute has been illegally erected on public land without seeking permission.

By the order dated November 25, 2020, court directed Deputy Commissioner of Bellari to hold a meeting with all stakeholders, with a view if private land can be allotted. In response it was stated that no private persons are willing to donate their land.

Further, an affidavit was filed on June 9, by respondent 10, which is affirmed by the President of the association tendering an apology for illegal action on their part and pleaded that state government be kind enough to allot land for installing the statute.

When the state government showed unwillingness to allot land for shifting the statute, time was granted under order dated July 21, to the Association to state whether they were willing to give undertaking to shift the statute. On August 9, 2021, the authorized representative of the association filed an affidavit giving the undertaking to shift the statute to alternate land within four months from the date of the affidavit.

The court accepted the undertaking and said "In view of the undertaking given by respondent 10, it may not be necessary to issue a writ of mandamus." Referring to the affidavits and documents placed on record the court observed,

"The officers of the state government and peace committee with active cooperation of respondent 10, ensured that peace is maintained in the village. At least to this extent it can be said that respondent 10 and all concerned respected values propagated by Dr Babasaheb Ambedkar."

The court disposed of the petition. However, the matter will be heard on December 17 for reporting compliance.

Case Title: Neelappa O v. State of Karnataka

Case No: WP 6410/ 2020