The Karnataka High Court on Tuesday permitted the state government to convert the Balabrooie guest house building to a constitution club for legislators.
A division bench comprising Chief Justice Prasanna B Varale and Justice Ashok S Kinagi modified the interim status quo order dated October 7, 2021, after considering the undertaking of the state government that the proposed use of constitution club involves only maintenance work of the building, without making any structural modification of the interior or exterior.
“The said statement is taken as an undertaking. In view of the same, the order dated 7-10-2021 is modified. The respondent is directed to carry out the maintenance of the building, interior of the guest house without making any structural modification and there will be no damage to the trees in respect of the guest house area and the state is permitted to convert the guest house into constitution club,” the bench said.
On October 7, 2021, the division bench had passed an order of status quo on the structure and adjoining areas.
The status quo order was passed on an interlocutory application (IA) filed by Dattatreya T Devare and Bangalore Environment Trust in a pending PIL. The PIL was seeking directions to various authorities to comply with Karnataka Preservation of Trees Act and other Rules.
In the IA, it was stated that the then speaker of the Legislative Assembly had announced the decision to have a constitution club at Balabrooie guest house. It was claimed that the Balabrooie is a heritage building, constructed in the 1850s on a 14-acre campus, and the area has trees that are 100 to 200 years old. The applicants apprehended felling of trees for the proposed work.
While ordering the status quo, the bench had directed the Horticulture Department to file an exhaustive report about the existing green cover in the entire area. At the hearing on Tuesday, the government advocate submitted that the officer concerned has submitted a report with a list of trees in the guest house area.
It was also submitted that there is no proposal before the government for reconstruction/redesign/demolition of the guest house. It was further stated that the proposal would require only maintenance of the building by improving the aesthetics of the interiors without making any structural modification or changing the exterior and interior of the building to accommodate the constitution club.
In 2014, soon after taking office, the Siddaramaiah-led government had mooted the proposal to have a constitution club for legislators at Balabrooie guest house.
This sparked protests by the city’s heritage watchers. In the meantime, there was also another proposal to have the club at Carlton House, another heritage building.
Finally, the speaker of Legislative Assembly Vishweshwar Hegde Kageri had announced in October 2021 that it was unanimously decided to have the club at Balabrooie.