Do not permit installation of statues in places of public utility: Karnataka High Court to State

The Karnataka High Court on Tuesday directed the State government to refrain from granting permission for installation of statues or construction of structures on public roads, pavements, sideways and any other places of public utility. .The High Court direction came in light of the Supreme Court's order in 2013 wherein it had categorically directed State governments not to grant permission for installation of statutes on public roads."State governments shall not grant permission for installation of statue or construction of structure on public roads, pavements, sideways and other pubic utility places. Obviously, this order shall not apply to installation of high mast lights, streetlights, or construction relating to electrification, traffic, toll, or development and beautification of the streets, highways, roads etc. and relating to public utility and facilities. The Chief Secretary/administrator concerned shall ensure compliance of the order," the High Court said..A Division Bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum observed the same, while quashing the permission granted by the State and Mysuru City Corporation in 2017 for installation of a statue of Sri Shivaratri Rajendra Mahaswamy at Gun House Circle near the Mysuru Palace..The Court was hearing a Public Interest Litigation petition filed by Akhila Bharata Kshatriya Mahasabha and Karnataka Rajya Arasu Sangha, Bengaluru, challenging the decision to install the seer’s statue..Advocate General Prabhuling Navadgi appearing for the State government argued that the spot where the statue was proposed to be installed does not come under the definition of public area as laid down in the Supreme Court’s order. However, this contention was rejected as the High Court which noted that the spot picked for installation of statue had six roads meeting with the circle being a part of the road. Therefore, it will come under definition of public area, the Court said. .When the matter was taken up for hearing on Wednesday, AG Navadgi contended that the petitioners had “vested interest” as they knocked the doors of the court after the authorities rejected their plea for installing the statue of late Srikantadatta Narasimharaja Wadiyar, scion of the Mysuru royal family, at that said location.Adding on, Navadgi said, "Children won't know if statues ( of eminent personalities) are not erected. As it is, they are addicted to their phones now." Hearing this, the Court responded, "Schools, Hospitals etc can be constructed in their names.".After hearing all the arguments, the Court said that it would consider the same and pass appropriate orders.