'Building Of Historical Significance': Karnataka High Court Orders Status Quo On Proposed Construction In Balabrooie Guest House

Recently, the Speaker of the Karnataka Legislative Assembly in a press conference announced the state's decision to establish a 'Constitution Club' at the said Guest House.

Petitioner DT Devare moved an application to bring it to the notice of the court about the proposed change. Advocate Pradeep Nayak appearing for the petitioner said, "The Balabrooie Guest House is a historical building on a 14-acre campus constructed by Mark Cubbon, who was serving as the Commissioner of the then Mysore State. He wanted to build a structure resembling those in his hometown on an island in the Irish Sea."

Further, he said, "The Guest House in question is the 'biggest water tower' in Bengaluru Township and as the century-old trees have roots spread over across 40 feet, the trees can absorb huge quantities of rainwater. Moreover, many dignitaries like Sir M.Visvesvaraya, Sri Mahatma Gandhi, Sri Rabindranath Tagore, Prime Ministers, Chief Ministers have stayed in the Guest House in question; The Balabroorie Guest House is having more than 200 years old trees and the area adjoining to Balabrooie Guest house i.e., Chief Secretary's Residence, National Gallery of Modern Art and Ministers' Quarters, also having 100-200 years old trees."

He contended that the Guest House in question is of historical importance and its structure cannot be changed in the manner and method it is projected to be changed as per the Newspaper reports. He pleaded for restraining the authorities from felling of trees for construction of "Constitution Club" in Balabrooie Guest House and also in and around the Guest House in question. It was also said that felling of trees has already taken place while widening of Sanky Tank Road.

Additional Advocate General Sri Dhyan Chinnappa argued that no decision has been taken so far in the matter and no felling of trees has taken place.

Following which the court said,

"We are aware of the scope of the present petition filed as a Public Interest Litigation(PIL). However, in the peculiar facts and circumstances of the case, we are enlarging the scope of the present PIL, as the Balabrooie Guest House and its adjoining areas have 150-200 years old trees. The Bruhat Bengaluru Mahanagara Palike (BBMP) is directed to carry out a tree census of the entire area in question. After carrying out the tree census, the BBMP shall file a detailed and exhaustive report, within a period of four weeks."

The court, till the next date of hearing, directed the state government to maintain the status quo in respect of the guest house. It said,

"Till the next date of hearing, the parties shall maintain status-quo in respect of the structure in question and other adjoining areas mentioned above. The building shall not be allotted to any other organisation until further orders and no felling/trimming of trees, cutting of shrubs, shall take place without the leave of this court, in respect of the entire areas referred to in the present order."

Further, considering the material brought on record, the court said, "Prima facie, it reflects that there is a move to establish a 'Constitution Club' in the Balabrooie Guest House campus. As the building in question is of great historical importance, the Archeological Survey of India has to be impleaded as one of the respondents in the present case. Accordingly, the petitioners are granted seven days time to implead the Archeological Survey of India. Let a notice be issued to the Archeological Survey of India."

It added, "The Horticulture Department is also directed to ensure that the trees are protected, which are in existence and the Horticulture Department shall also file a detailed and an exhaustive report in the matter in respect of the existing green cover in the entire area which have been referred to in this order."

The matter will be next heard on November 19.

Case Title: D T Devare v. State of Karnataka

Case No: WP 17841/2018