Madikeri, Aug. 10: While there are pro- and anti-debates going on about the construction of glass bridge in Rajasit in Madikeri, documents say that no work can be done there as per the law.
1975 Gazette Notification- Statement given by Horticulture Department to the Court in 2014- Law changed after the 2018 landslide All these make it clear that no work is allowed to be done inside Rajasit.
On 22.05.1975, the State Government had gazetted the ‘Karnataka Government Parks Conservation Act - 1975’. This Act clearly mentions that the responsibility of protecting and maintaining the horticultural park lies with the State Government. It is clarified that any other measures should be useful for the development and use of the park or park.
It has also been clarified that no license can be issued for the sale, lease, gift, mortgage or any activity in the park, whether it is a land or a building. It is clearly stated that if a license is issued to the contrary, it will be void.
Written statement in court
In 2014, the District Horticulture Department had taken up the Greater Rajaseat project. At that time, lawyers B.B. Anand, K.K. Nirmalananda, M.S. Bidappa, T.H. Abubakar, C.T. Muthappa, through an organization called ‘Vakeela Spandana’, filed a case against the project in the Madikeri court.
The Deputy Director of Horticulture and the Assistant Director of the Tourism Department, who gave a joint statement in writing, had submitted a written statement that the botanical garden will be developed by growing new plants, shrubs, and herbs in Rajasit and no artificial caves, waterfalls, tunnel aquariums, or glass houses will be built there.
In that context, permission was given to build a gazebo using footpaths and iron in Greater Rajasit. Keeping this point in mind, ‘Vakeela Spandana’ has now decided to draw the court’s attention to the new project.
Law after 2018
After the 2018 landslide disaster, before starting projects like the Glass Bridge, the Geology Department first examined the soil of the area, discussed the feasibility of the project there, and gave permission. All the settlements near Rajasit have already been identified as landslide areas and the residents have been evacuated. Therefore, it is difficult to get permission from the Geology Department for any project in Rajasit.
In addition, there is a monument inside Rajasit under the jurisdiction of the Department of Archaeology and Antiquities, and work is prohibited within 100 meters of it. Although the 100 to 200 meter area is considered a “controlled area”, permission is mandatory for the construction of a new building or the renovation of an existing building.
The Karnataka High Court has also given a clear order in this regard this year, and has directed that permission should not be given to private houses or other works within the prohibited area. It has also warned that local bodies; departments that grant permission beyond this will have to face legal consequences and investigation.
Statement by the Department of Archaeology
According to officials of the Department of Archaeology in Madikeri, the monument inside Rajasit comes under the jurisdiction of this department, which is under the Department of Parks and Horticulture. But he clarified that permission will be given for any construction work based on how far it is from the boundary surrounding the monument, not from the monument site. He warned that if any materials are transported for any work inside Rajasit without permission, they will be seized and legal action will be taken.
Information to the Chief Minister - Y.C. Nanaiah
Former Law Minister Y.C. Nanaiah, who has made a statement opposing the construction of a glass bridge in Rajasit, has drawn the attention of the Chief Minister on this matter. Nanaiah, who has sent a WhatsApp message to Chief Minister Siddaramaiah, has explained the natural beauty of Rajasit and requested that no glass bridge be allowed there. The message also requested the Horticulture Department to immediately stop the planned commercial enterprise in Rajaseat. Application for information on Rajaseat
Environmentalist Tammu Poovaiah and others have filed an application under the Right to Information Act with the Horticulture Department, questioning how the Rajaseat park came to the Horticulture Department. The application has been requested to provide information on how the Horticulture Department acquired this land belonging to the Department of Antiquities and if there was an agreement in this regard.
At the same time, a commercial building is being constructed on a private land within 100 meters of the Rajaseat boundary; Tammu Poovaiah said that a separate application has been filed under the Right to Information Act, including how permission was given for this.
Omission in tender
Many doubts have arisen regarding the tender called for the Glass Bridge at the secretary level of the state government's Horticulture Department.
Although it is mandatory to publish an advertisement in the local newspapers before calling for tenders, the intention behind keeping it secret, the rule that permission had to be obtained from the Department of Antiquities before the tender process, the hasty decision to have only one or two bidders participate in the tender, and the court's failure to submit the works
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