The Karnataka High Court on Wednesday restrained the Mangaluru City Corporation from putting up temporary structures in a portion of Nehru Maindan to shift shopkeepers from central market to enable redevelopment of market complex under the smart city project, till the State government decided the status of Nehru Maidan.
Also, the Court directed the State government to take a final decision within two weeks on the notification, issued on February 17, 2017 proposing to include Nehru Maidan under the Karnataka Parks, Play Fields and Open Spaces (Preservation and Regulation) Act, 1985 for preservation.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Nataraj Rangaswamy passed the interim order on a PIL petition filed by Vijaya Suvarna and 10 others from Mangaluru.
“It is a good idea to convert all cities into smart cities. But by constructing market on lands meant for parks, playfields and open spaces will not make a city as a smart city,” the Bench observed in its order.
The Bench also said that, “When state government develops smart city it is obvious that provisions are made not only to maintain existing parks playfield and but for creating additional parks, playfields and open spaces. It is only then smart city’s can be created. A city will not become as smart city merely by constructing new building but they also require parks playfield and open spaces.”
The Bench noted that three separate notifications were issued on December 23, 1985, May 12, 2010 and February 8, 2017 proposing to include Nehru Maidan under the Act but surprisingly the Government has not taken a decision on approval.
Stating that allowing construction of any temporary structure will defeat the object of the proposals, the Bench restrained the MCC from putting up temporary structures till the Government takes the notifications to logical conclusion.
The Bench also said that the Government should not be influenced by the proposal of Mangaluru Smart City Ltd’s to temporarily shift market to Nehru Maidan while deciding the proposal to preserve Nehru Maidan under the Act as the authorities can always find other suitable places to temporarily shift the market. Further hearing adjourned till August 19.
