Karnataka High Court Directs State To Comply With SC Directions Barring Installation Of Statues On Public Roads, Pavements

"The State Government is also directed to ensure compliance of the directions of the Hon'ble Supreme Court in the entire State of Karnataka."

The Supreme Court in the case of Union of India v. The State of Gujarat & Ors., SLP (C) No. 8519/2006, while deciding a challenge to the permission granted by State of Kerala for the installation of statue of an ex-Deputy Speaker of its Legislative Assembly had said,

"Henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities. The above order shall also apply to all other states and union territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order."

Background

The petitioners Akhila Bharata Kshatriya Mahasabha had approached the court challenging a resolution passed by the Mysuru Mahanagara Palike as well as the State Government for installing the statue of Shivaratri Rajendra Mahaswamy at Gun house circle, which is on the main road.

It was stated that a request was made initially for installing the statue of Sri Srikantadatta Narasimharaja Wodeyar to the District Urban Development Cell and the same was rejected citing the judgment of the Apex Court. Nevertheless, permission has been granted to install the statue of Sri. Shivarathri Rajendra Swamiji.

The State Government filed its statement of objections and stated that the present petition has been filed with a vested interest, as the request of the petitioners was turned down for installing the statue of Sri. Srikantadatta Narasimharaja Wodeyar.

Further, it was claimed that the Gun House Circle is not part of the public road nor does it fall within the definition of pavement, sideways and other public places.

Court's Observations

On going through the records, the High Court said,

"The undisputed facts of the case makes it very clear that the place where the statue in question is likely to be installed is certainly one of the busiest squares near Mysuru Palace near Gun house. The map has been filed by the State Government and the same reveals, as many as six roads are joining at the square and the circle is certainly the part of the road. It is really strange that the respondent-State Government has stated before this Court that it is not part of the road. Colour photographs have also been filed in the matter. The maps and all other documents clearly establish that the spot is in the center of the road."

The Court then relied on the Supreme Court judgement and said,

"In the considered opinion of this Court, neither the petitioners nor anyone can install the statue on the island which is on the road (circle which is on the road) keeping in view the judgment delivered by the Hon'ble Supreme Court. Resultantly, the writ petition is allowed. The impugned orders passed by the State Government dated 3.3.2017 and the order dated 28.8.2017 of the 2nd respondent-Mysuru Mahanagara Palike are hereby quashed."

Case Title: Akhila Bharata Kshatriya Mahasabha v. State Of Karnataka

Case No: WP 49960/2017

Date of Order: September 7, 2021.

Appearance: Advocate S Sampath a/w Advocate Puneet K for Petitioner; Advocate Vijayakumar. A. Patil, AGA  For R1; Advocate Mohan Bhat, For R2; Advocate Vinayaka.B, Advocate For Impleading R3; Advocate Anjana. C.H, For Impleading R4; Advocate Amrutesh. N.P, For Impleading R5; Advocate Sreenidhi. V, Advocate For Respondents

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