The Karnataka Government has decided that the traffic movement within Cubbon Park cannot be avoided and hence should continue as before.
The affidavit filed before the Karnataka High Court by Rakesh Singh, Additional Chief Secretary to Government, Department of Urban Development, stated "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."
The affidavit was filed by while 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 from today.
The Government said that after the Court's order, a meeting was held on November 21, 2020, to consider the proposal and it was decided not to curb traffic movement in Cubbon part.
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) had on September 2, 2020, written to the Secretary, Department of Horticulture recommending closure of the park for both vehicular traffic and parking of vehicles. The authority had examined the issue of allowing traffic through Cubbon Park following representations received from various groups for banning traffic.
The plea states that the public interest will suffer if the state government were to be allowed to throw open the cubbon park area for vehicular movement. The public at large will be put to irreparable loss and injury if such a decision is allowed to be taken by the state government contrary to the recommendation of the authority.
Further it was said the decision if any to allow vehicular movement through Cubbon Park, would violate the right to clean air to which every citizen is entitled to as such a right is part of the right to protection of life guaranteed by Article 21 of the Constitution of India.
The court while dropping the contempt proceedings said "We are satisfied that there is compliance in as much as directions issued by this Court have 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."
It added "However, if the complainant is not satisfied with the said decision, liberty is reserved to the complainant to assail the same in accordance with law.