BENGALURU: In a major judgment, the Karnataka High Court said that it is the responsibility of the authorities concerned of the department and the BBMP to ensure that the activities of spitting, throwing garbage or leaving the pet waste do not happen within all parks or garden areas across the city, including Cubbon Park, Lalbagh and that the cleanliness is maintained.
Further, the court said that the penalty amount for the dog owners whose dogs are found and detected to be conducting themselves irresponsibly in treating and cleaning the excrement of their pets in the public park areas should be higher than penalties imposed for other breach of norms of cleanliness.
While the pet owners may have the liberty to take their dogs to the parks to roam around, on the other hand, the other section of the society and the class of the people who visit the parks, have a right to enjoy a clean environment. A park without neatness and cleanliness management is not a park but turns to be a chaotic place, and a place with nuisance and garbage, the court added.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind issued these directions while permitting the petitioner, M/s Compassion Unlimited Plus Action (CUPA), a non-government organisation, to withdraw the public interest litigation.
“In addition to the need to keep the parks clean, the menace of stray dogs within the gardens and parks should be tackled. The stray dogs pose a threat to the free and safe movement of the commuters. The authorities are required to discharge their duties in this regard also,” the court observed.
It was the case of the petitioner that many complaints were aired from the general public and the pet parent community about irresponsible conduct on the part of a section of pet owners, especially about the cleaning up of excrement of their pets from the public parks which are situated within the limits of BBMP, which are 1,288 in numbers.
The court directed the state and BBMP to constitute a three-member team comprising one officer from the Horticulture Department and two officers from BBMP to pay periodical visits quarterly to all the major gardens and parks in the city to inspect, ascertain the effective observance and implementation of maintenance of cleanliness and related measures and suggest and chalk out remedial steps wherever necessary.
HC directives to State and BBMP
The provisions of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 should be implemented in letter and spirit by the authorities concerned.
Solid Waste Management and Handling Rules, 2016 should be strictly followed and implemented for parks and gardens.
Adequate funds should be allocated for the maintenance and cleanliness of the parks and gardens.
The Horticulture Department as well as the BBMP should work out and evolve a permanent mechanism to ensure that vigil is kept in all parks and gardens.