Construction in Parks in Mysore

To

The Commissioner
Mysore City Corporation
Mysore – 570020

Subject: CONSTRUCTIONS IN PARKS IN MYSORE

Reference: Karnataka Parks, Play-fields and Open Spaces Act and Rules, 1985.

Sir,

1. We have to bring to your immediate and urgent attention, the following instances of violations of the; Karnataka Parks, Play-fields and Open Spaces Act and Rules, 1985, in Mysore:

# Curzon Park Block-2 (Vishnuvardhan Park) – An amphitheatre

# Nishad Bagh (Kuppan na Park) – An amphitheatre, a musical fountain, a restaurant/hotel and parking space for motor vehicles

# People’s Park – Library building

2. It is also known that an amphitheatre is being planned in the Town Hall premises. Thus, within a distance of less than 1-km, there will be three amphitheatres. Also there is already a musical fountain in the Dasara Exhibition Grounds, and the need for another within 1-km cannot be justified. Already, a strip of Nishad Bagh (Kuppanna Park) has been acquired for road widening along Malemahadeshwara Road opposite to Sandesh The Prince Hotel. These provisions planned appear to be a waste of public money, which can be much better utilised to improve infrastructure within Mysore.

3 . It is understood that the Asst Director of Horticulture, Mysore City Corporation, has justified the construction in Curzon Park and Nishad Bagh, by a mistaken comprehension of Section 8(1) of  Karnataka Parks, Play-fields and Open Spaces Act, 1985.

4. Section 8(1) of the Karnataka Parks, Play-fields and Open Spaces Act, 1985, specifically states,

“No person shall construct any building or put up any structure likely to affect the utility of the park, play-field or open space or make any encroachment in or over any park, play-field or open space specified in the list published under section 4 or section 5 Provided that the executive authority may, subject to such rules as may be prescribed, permit the construction of such buildings or putting up of such structures as may be necessary for the improvement or more beneficial utilisation of the park,play-field or open space.“

The relevant portion that shows how the Act has been misquoted by the MCC Asst Director of Horticulture is underlined for your attention. By using an area inside a public park for any sort of construction, such area will not be available to the public for use as a park, thus adversely affecting its utility as a park and going against the spirit of the Act. Further, in the provision under the same Section 8(1), the Karnataka Parks, Play-fields and Open Spaces Rules become applicable. Under Rule 6 of the Karnataka Parks, Play-fields and Open Spaces Rules (reproduced below), only well, pumphouse, benches and watchman quarters may be constructed. The planned construction mentioned in paragraph 1 above are outside the purview of the Act and Rules.

5. You will be aware that construction of a building within Cheluvamba Park (V.V.Puram) that was substantially more than a watchman’s quarters in area, design and specification, was challenged by Mysore Grahakara Parishat in 1995  as violation of Rule 6 of the  Karnataka Parks, Play-fields and Open Spaces Rules before the Fourth Additional First Civil Judge (Junior Division), Mysore, and, after protracted litigation, the illegal structure was demolished by MCC following the Court Order dated 29.6.2000. The constructions mentioned in paragraph 1 above violate the Karnataka Parks, Play-fields and Open Spaces Act and Rules, 1985, in identical manner to the Cheluvamba Park case.

6. In view of the foregoing you are requested to immediately issue orders to stop the constructions as mentioned above in Paragraph 1, or any other construction in the park areas mentioned or any other parks in Mysore City.

Yours faithfully,
Maj Gen S.G.Vombatkere (Retd)
Convenor, MGP

Copy:Principal Secretary, UDD, GoK, Bangalore – for immediate action

Section 6 of Karnataka Parks, Play-fields and Open Spaces Rules, 1985 :

6. Construction of other structures in the parks, play fields and open spaces; - (1) The executive authority may permit construction of a well, pumphouse, benches for the visiting public to sit and quarters for the watchmen in any park, play-fields or open space.

(2) Notwithstanding anything in sub-rule (1):-

(a) no permission to construct quarters for the watchmen shall be granted where the total area of the park, play-field or open space is less than two hectares;

(b) in other cases, not more than two quarters may be permitted to be constructed and the area of any such quarters shall not exceed thirty square metres.