Wadiyar moves High Court for quashing of FIR

Wadiyar moves High Court for quashing of FIR

The Hindu

He has been accused of destroying the flora on Bangalore Palace grounds

# FIR was filed by a Deputy Conservator of Forests
# It alleged that a lake on palace grounds was filled up

BANGALORE: The Karnataka High Court on Thursday adjourned further hearing on a criminal petition by the scion of the royal Mysore family Srikantadatta Narasimharaja Wadiyar and two others, seeking quashing of a first information report (FIR) against them by the Forest Department, alleging destruction of the flora and fauna on the Bangalore Palace grounds.

Mr. Wadiyar, son of the last ruler of Mysore Jayachamarajendra Wadiyar, and two employees of the Bangalore Palace had moved the High Court against an FIR lodged against them by a Deputy Conservator of Forests, Bangalore, alleging deliberate and wanton destruction of a lake in the palace grounds and destruction of trees.

Opposing the plea for quashing of the FIR, State Public Prosecutor (SPP) S. Dore Raju submitted that the petition filed under Section 482 of the Code of Criminal Procedure (Cr.PC) was neither maintainable in the law nor on the facts and circumstances of the case.

He contended that the petitioners had joined hands to destroy several trees like sandalwood, tamarind, "Honge," coconut, "Malemara," "Bagani," "Goni" and "Nerale" without obtaining permission from the Forest authorities.

They had also filled up a lake and wetlands abutting it, dumping debris and mud that was transported from a construction site in Bangalore.

An artificial hillock on five acres had been formed by dumping the mud.

He said the tree cover within the grounds was categorised as forest land and that it was host to a variety of flora and fauna.

These acts, the SPP, said not only violated the Supreme Court order on environment but also several provisions of the Forest, Wildlife and Environment Acts. Cases have been registered against Mr. Wadiyar and others under Section 85 and 86 of the Karnataka Forest Act of 1963, Section 8 read with Section 22 of the Karnataka Preservation of Trees Act of 1976, Section 2 (16) of the Wildlife Preservation act, 1972 and Sections 2 and 3 of the Forest (Conservation) Act, 1980.

In its statement of objections, the State through the SPP contended that while Mr. Wadiyar was the owner of the land, the other two petitioners were working under him.

Since Mr. Wadiyar was the owner of the land, he had not reported any injury/damage to the trees caused to the Deputy Conservator of Forests as was envisaged under the provisions of the Forest Act.

Citing a Supreme Court ruling on an interlocutory application (IA) filed in a case relating to the Bangalore Palace, it said the court had said, "the petitioners shall ensure and undertake that no trees shall be cut from the portion of the premises so let out nor any damage is caused to the landscape or the environment."

The statement said that the Forest authorities were still investigating the incident and also trying to apprehend the accused. The petitioners had filed a criminal petition as they apprehended their arrest.

The statement said Mr. Wadiyar was highly educated and a prominent personality who was supposed to uphold the rule of the law.

"If the ruler breaks the law, it gives a strong and negative message to the common man."

Justice K. Bhakatvatsala adjourned further hearing on the case.