Movement of vehicles in Bengaluru’s Cubbon Park to continue: State govt to Karnataka High Court

The Karnataka government recently informed the Karnataka High Court that traffic movement within Cubbon Park cannot be avoided and hence, ought to continue..The State government clarified its stance in response to a contempt petition filed by Cubbon Park Walkers Association. The submission filed by the government’s advocate included the opinions of all departments concerned.On perusing the affidavit filed by Additional Chief Secretary to Government, Department of Urban Development Rakesh Singh, the Court noted the following: "Learned Additional Government Advocate submitted that after reviewing the opinions of all the Departments, it has been decided that the traffic movement within Cubbon Park cannot be avoided and hence should continue as before. He submitted that the direction issued by this Court in the writ petition has been complied with and therefore, the contempt proceedings may be dropped.".Counsel for the petitioner countered that the recommendation of Directorate of Urban Land Transport (DULT) has not been considered by the State in its proper perspective and therefore, the said decision is incorrect..However, the Court said that its directions have been complied with by the State. "But, in the circumstances, we are satisfied that there is compliance in as much as directions issued by this Court has been complied. A consideration of the recommendation of the DULT has been made and a decision has been taken. Therefore, the contempt proceedings are dropped.".The Division Bench of Justice BV Nagarathna and Justice NS Sanjay Gowda thus dropped the contempt of court proceedings initiated against the government.While doing so, it also granted liberty to the petitioner association to challenge the government’s decision..The Court was hearing a contempt petition filed by Cubbon Park Walkers Association claiming wilful disobedience of the order of the High Court dated October 22, 2020 by which it had directed the respondents to consider the recommendation dated September 2, 2020, in proper perspective and as expeditiously as possible within a period of six weeks.The government stated that after the Court's order, a meeting was held on November 21, 2020, to consider the proposal. At this meeting, it decided not to curb traffic movement in Cubbon Park..The Court noted that the State government did comply with its direction to consider the representation submitted by the association in October 2020 to consider regulation of movement of vehicles in the area, if not a complete traffic ban..The association had moved the Court seeking a ban on the movement of vehicles inside Cubbon Park. The petition stated that the Directorate of Urban Land Transport (DULT), on September 2, 2020, had written to the Secretary, Department of Horticulture recommending closure of the park for both vehicular traffic and parking of vehicles..[Read Order]