BENGALURU: The proposed steel flyover project on Ballari Road has not followed proper procedures and may not pass legal scrutiny, say legal experts and activists.Leo Saldahna, who had filed a PIL in the High Court against the Metro project passing through the Lal Bagh Garden and K R Road, cites the order delivered by the court in that case on November 16, 2010.
The then Chief Justice J S Khehar and Justice A S Bopanna had stated that any infrastructure project needs to be implemented under provisions of the Karnataka Town and Country Planning Act 1961. Among other aspects, this mandates a thorough consultation with the public regarding infrastructure projects.
“The public needs to be involved in the conceptualisation, budgeting as well as finalisation stages. That has not happened with the steel flyover project and those involved are guilty of contempt of the court order,” he said. Saldahna charged that the BDA Commissioner Rajkumar Khatri, Additional Chief Secretary (Urban Development) Mahendra Jain, former Chief Secretary Aravind Jadhav and even Chief Minister Siddaramaiah can be booked for contempt of court.
A leading city-based advocate requesting anonymity backs this. “The consultation that the government claims to have carried out is a sham. For a project of this size, the voices of the affected people must be given top priority. It is not just those using the flyover but those who will have to bear the brunt of the work that will be carried out. They need to have given sufficient notices and made their voices heard,” he said.
Tree panel bypassed for project
With an estimated 812 trees set to be axed for the steel flyover project, the Tree Committee that was set up on the orders of the Karnataka High Court has simply been bypassed, leaving its members in the dark. This move is likely to create more heat islands in the city and raise average temperature by 2-3 degrees, say experts. When more than 50 trees have to be cut, proposal has to be placed before the Tree Committee and public must be consulted.