Hopcoms Building Outside Cubbon Park; Karnataka High Court Permits Operations For Now

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi allowed the application filed by the Samaj seeking permission. It said “We are of the opinion that applicants can be permitted to use the building, subject to the final outcome of the petition.”

The applicants had said that the Krishik Samaj is a society erstwhile known as Mysore Pradesh Krishik Samaj registered on 25.06.1940 under the erstwhile provisions of the Mysore Societies Act, 1939 as a Farmers Forum.

The activities of Krishik Samaj aim at providing better services to the farmers such as sharing technical knowledge, providing demonstrations, imparting training to the farmers to improve their skills and knowledge, etc. It provides an opportunity to the farmers to sell their farm produce particularly, fruits and vegetables.

Further, the Government executed the lease deed on 04.07.1970 in respect of 53328 sq. ft. for a period of 99 years. As per the lease deed, lease is deemed to commence from 23.04.1966 and Krishik Samaj is paying property taxes, etc. The Krishik Samaj had constructed the building incurring huge expenses through Karnataka Housing Board with a motive to provide assistance to farmers. It is apprehended that the building cannot be used without seeking permission from this Court. Hence, it had filed the application seeking permission or leave to the applicant to use the newly constructed annex building Krishi Bhavan.

By its order dated January 25, the court had directed the State Government through the Assistant Director of Land Records (ADLR), City Survey Department to conduct a survey to ascertain as to whether the building commonly known as Hopcoms building constructed by Krishik Samaj is within the area of Cubbon Park or the same is outside the area of Cubbon Park.

Accordingly an affidavit was filed before the court stating that a survey was conducted on February 4, in presence of all the parties. A statement was made in the affidavit that the Krishak Samaj building is beyond the limits of Cubbon park.

Following which the court said “In view of this compliance affidavit we are of the opinion that the applicant can be permitted to use the building, subject to the final outcome of the petition. Accordingly the application is allowed and disposed of."

The directions were given during the hearing of a petition filed by Cubbon Park Walkers' Association. The association has sought direction to the respondents to forthwith demolish the construction which have been completed by the private respondents in utter disregard of the provisions contained in Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation Act) and contrary to directions issued by the High Court.

It is also claimed that if the constructions are allowed to remain it will cause irreparable loss and injury to the general public. Therefore the said illegal construction is required to be demolished and the Cubbon Park is required to be restored to its original glory.

The Association alleged that illegal construction is being carried out by of a Hopcoms shop by Horticulture Department, construction by Department of Animal Husbandry and Fisheries, operating tertiary treatment plant by BWSSB, swimming pool by Century Club, swimming pool and an extra tennis court by KSLTA, generator room and tennis court by Secretariat Club, NGO Hall by Karnataka State Government Employees Association, and new structures by The Press Club and YMCA, within the park premises.

Case Title: Cubbon Park Walkers Association And State of Karnataka & Others

Case No: WP 1024/2021