Karnataka HC heritage tag may stymie construction of annexe

New seven-storey building likely to run into legal, environmental hurdles, park laws; HC order not to axe any tree will be tough to follow
High Court building at Cubbon Park in Bengaluru | nagaraja gadekal
High Court building at Cubbon Park in Bengaluru | nagaraja gadekal

BENGALURU: The annexe building, proposed to come up near the Karnataka High Court in Cubbon Park, may not see the light of day due to many legal, heritage and environmental hurdles.
The Archaeological Survey of India, state archaeological department and The Indian National Trust for Art and Cultural Heritage (Intach) have proposed to the state government, Bengaluru Urban DC and Bruhat Bengaluru Mahanagara Palike (BBMP) to declare the old Election Commission building, which is proposed to be demolished, a heritage structure.

Also, as Attara Kacheri is already a heritage site, zoning regulations will apply, meaning that it will be difficult to construct or demolish any building around it. Besides this, the HC order not to axe any tree will be tough to follow, as the Ficus tree next to the building will have to be chopped down to get clearance from the fire department.

Dr Gopal, Director, Department of Archaeology, Museums and Heritage, said the department, and Intach, had proposed to the state government to declare 49 sites, which are already 100 years old, as heritage sites under the Town and Country Planning Act and the Municipal Act. Though the proposed 50 sites do not include the old Election Commission building, a separate letter has been sent to the Urban DC to declare it a heritage structure.

The letter written to the CM, a copy of which is with TNIE, states: “In 2012-13, the budget of the state government had announced 14 places as heritage. As per government orders of December 14, 2012, Bengaluru City is a heritage city. Also on February 17, 2016, Intach, Bengaluru chapter, asked the chief minister to declare 49 sites as heritage sites.”

Another senior ASI official, who did not want to be named, said: “Since Attara Kacheri (high court) is a heritage building, 100 metres space around it is a no-construction zone and 200 metres is a restricted zone. This only means that the proposed building cannot come up. The PWD is rushing to get the proposal cleared before the old Election Commission building is declared a heritage structure. This has caught the attention of the High Court now, which has kept the final orders on hold.”

Meera Iyer, co-convener, Intach, said that since Cubbon Park is already declared a heritage zone and the court is also a heritage site, no tall structures can come up. The 1984 building bylaws state that permission from the Bengaluru Urban Arts Commission, for a heritage and aesthetic point of view, is required for any construction or maintenance works.  

A senior BBMP official, seeking anonymity, said: “It is a Catch-22 situation. The PWD has proposed to demolish the building and construct on the site. BBMP has demanded that the plot size be defined, based on which the floor area ratio will be known and permission given. Going by initial data, it is proposed to construct a structure with two basements and five storeys. According to basic rules, fire safety clearance for any four-storey building is a must, and for this, at least a 6m driveway is needed, which means that the huge.”

Horticulture department officials pointed out that the proposed space is High Court property. However, the green space around the building belongs to the horticulture department. “Under the Preservation of Parks and Trees Act, no permission can be given,” the official said.

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