Saturday, June 05, 2010

GREEN WAR LOST, SOLDIERS WIN

GREEN WAR LOST, SOLDIERS WIN
HC dismisses PIL against the war memorial saying it is in the larger interest of the public
BANGALORE MIRROR BUREAU


The High Court of Karnataka has dismissed a public interest litigation (PIL) against the proposed ‘war memorial’ inside the Indira Gandhi Memorial Fountain Park. The Division Bench of Justice Manjula Chellur and Justice Mohan Shantanagoudar removed the legal hurdle and paved the way for the construction of the memorial on the six acres of land. The order which was reserved last month was pronounced on Friday.
PRIDE FOR KANNADIGAS
Dismissing the PIL filed by Krishna Apartment Owners’ Welfare Association, the court said, “The petitioners are not entitled for any of the reliefs they had sought. The proposed memorial is a pride for Kannadigas. It is laudable and is in the larger interest of the public. It will result in inspiring many youngsters to join the Services. The war memorial is nothing put paying homage.”
PARK WILL NOT BE AFFECTED
The PIL had contended that the construction of the war memorial would unnecessarily remove trees and was also unlawful under Section 4, sub section 1, of the Karnataka Government Parks (Preservation) Act, 1975. The HC had earlier given a four week stay on cutting trees in the park. In Friday’s order, the HC said that the place where the memorial was coming up was not of any historical importance and the park would not be affected.
“People can even walk around the memorial and the construction will be only on 4 per cent of the 6.2 acres marked for the memorial. The National Military Memorial Committee is headed and administered by the Chief Minister himself. This will itself dispel the suspicion that it is not in public good,” the Court held.
NOT AN AMUSEMENT PARK
The HC said that the memorial was not an amusement park. The BDA had not indicated an underground construction earlier. But they had submitted a plan with a lawn and a park around the said construction, and included a motivation hall that would be built underground later. The families who have lost their kith and kin will be happy with this homage paid to them, the Court noted.
The HC also said that there was no arbitrary move on the part of authorities to obstruct the use of the park and the garden by the public. “There is no individual gain, unfairness or favouritism for any party involved in the construction of the war memorial. The memorial will become the pride of the State,” the order said. The memorial is being built in the memory of 1,500 soldiers from the state who died fighting for the country.

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