Public Statement Demanding Strict Action Against Communal Elements Threatening with Dire Consequences Those Working to Protect Begur Lake

August 10, 2021August 16, 2021 Admin ESG

The Hon’ble High Court of Karnataka has over the past decade and more reminded local government and state agencies that as custodians of commons it is their duty to protect, wisely rehabilitate, and conserve lakes and their rajakaluves (canals) to guarantee social and ecological security of present and future generations. Speaking through its orders in W.P. No. 817/2008 (Environment Support Group & Anr. vs the State of Karnataka and Ors.) and W.P. No.38401/2014 (Citizen Action Group vs the State of Karnataka & Ors.) the Hon’ble High Court has emphasised time and again that lakes which have been handed down to us due to efforts of several generations over hundreds of years must be surveyed, their legal limits along with “no development zones” protected from encroachment and pollution and their rehabilitation must follow the guidelines issued by Justice NK Patil Committee (part of order of WP No. 817/2008).

The Karnataka Legislature has followed up on these judicial orders and passed a special law to protect, wisely rehabilitate and conserve over 40,000 lakes and their rajakaluves still left in the state of Karnataka by way of the Karnataka Tank Development and Conservation Authority Act, 2014 (amended in 2018). The Hon’ble High Court of Karnataka has been constantly monitoring implementation of its orders in ongoing hearings in W.P. No. 38401/2014 (and connected cases WP No 29107/2019, WP No. 20652/2018, WP No. 11044/2018, WP No. 11447/2016, WP No. 24768/2005, WP No. 5956/2021, WP No. 4964/2021).

In assisting the Hon’ble Court in its efforts to protect Karnataka’s glorious tradition of tank building for posterity’s sake, which over time have matured into biodiversity rich wetland ecosystems that are also home to migratory waterfowl from regions as far as Mongolia and Siberia, Environment Support Group (through its counsel) and Leo F. Saldanha (as Party-in-Person) joined cause with various parties in W.P. No. 38401/2014 in 2019 and invited the attention of the Court to widespread encroachments and pollution of lakes and rajakaluves in Bangalore and other parts of Karnataka. The Hon’ble Court duly considered their submissions and passed various orders.

One of these orders pertains to the historic 140 acres Begur lake in south-east Bengaluru, where Bruhat Bengaluru Mahanagara Palike (BBMP) built massive concrete islands within the lake, and atop one of these placed a massive idol of Shiva, in gross violation of orders of the Hon’ble High Court and applicable laws. When this illegality was brought to the attention of the Court, the Hon’ble High Court stayed the inauguration of the project by an order dated 30th August 2019.

The following is a relevant extract:

“3. Prima facie it appears to us that construction of islands within the lake will be in violation of the guidelines laid down in W.P.No.817/2008. While we appreciate the intention of the BBMP to create a tourist spot near the lake, prima facie, BBMP has no authority to reduce the area of the lake and to make islands in the lake. In view of doctrine of Public Trust, BBMP cannot reduce the area of the lake. Such action is contrary to the law laid down in the order dated 18th June 2019. Till BBMP responds to this affidavit, we direct the BBMP not to carry on any work of building islands within the lake area of 137.24 acres. We also direct the BBMP to ensure that no work is carried out so as to reduce the existing lake area without the leave of the Court.”

As recently as 5th March 2021, the Court further directed:

“5. The learned senior counsel appearing for BBMP, Shri D.N.Nanjunda Reddy seeks time to take a clear stand on the erection of an idol/statue on the island in the lake. By way of an indulgence, we grant time of two weeks. We make it clear that the object of making an island cannot be to install an idol thereon. In this context, BBMP shall take a Decision.”

Yet, in gross disregard of the Court’s clear directives, the local MLA Mr. M. Krishnappa visited the site and directed BBMP officials to immediately resume work on the lake, as reported in Vijay Karnataka on 17th and 18th June.

On 31st July 2021, a video was released by Puneeth Kerehalli on Facebook in which a brazen call was made to the wide public to violate the Hon’ble Court’s directions and consecrate the statue. Various communal statements were also made against the petitioners, in particular Leo Saldanha. This was followed by more videos by others, and posters were also circulated in which serious threats were issued against anyone who came in the way of the Hindutva project.

In the following week, in broad daylight, the tarpaulin which BBMP had covered the statue with was removed and saffron flags hoisted all over the island. It has been claimed in one of the videos that over 25 Hindutva organisations have coordinated efforts to move forward with the consecration of the status in frontal violation of the High Court directives and the law. All of this has happened under the direct gaze of the local police, BBMP officials and other officials.

The more shocking aspect of this brazenness is that the mob which undertook this entire illegal and communal operation has threatened anyone who implements the Hon’ble Court’s directives with dire consequences. Needless to say, this constitutes a frontal assault on the honour of the Hon’ble Court and amounts to an absolute contempt of its orders. This amounts to openly questioning the wisdom of the Court and dishonouring it. Despite such grave violations, absolutely no action has followed against the violators from the local police, State Home Secretary, Bangalore City Police Commissioner, Director General of Police, BBMP Chief Commissioner, Chief Engineer (Lakes) BBMP, Chief Executive Officer of KTCDA, Bangalore Deputy Commissioner (Urban), etc., for over several weeks now.

The undersigned unequivocally, and in a single, strong, and clear voice absolutely condemn this assault on the honour of the High Court of Karnataka, on the rule of law, and on those who are working tirelessly to protect lakes as commons for the sake of present and future generations. At a time when the world is grappling with the critical importance of saving such biodiversity-rich wetlands as a means of tackling the adverse consequences of climate change, it is indeed deeply disturbing that such commons are being sought out as sites for blatantly communal projects. It needs to be noted that communities who built these lakes (irrigation tanks) over hundreds of years, never used lakes to install any idol or to build islands or walking paths within them. This is because they understood the importance of the space for harvesting surface runoff of water to build food and water security for all. Care has always been taken over time to build any religious or culturally important monument on land beside the lakes, and not inside them. Despite being well aware of this aspect, BBMP developed the islands inside Begur lake. This development, as the High Court has observed, is in blatant violation of Justice NK Patil Committee Guidelines.

In light of these shocking developments, we demand that BBMP and police immediately take all necessary action to apprehend those who have violated the Court’s directives and the law, and produce an Action Taken Report before the Hon’ble High Court on the next date of hearing in W.P. No. 38401/2014, which is on 11th August 2021. We also demand that the authorities must take immediate action to protect all involved in assisting the Hon’ble High Court in implementing its orders for the protection of lakes and rajakaluves, and such other commons, across Karnataka.

Endorsed by:

Organisations