Karnataka High Court admits PIL against Road Widening Projects in Bangalore
Issues emergent notices to Respondents
Mr. Chief Justice Cyriac Joseph and Mr. Justice A. N. Venugopal Gowda, constituting the Division Bench of the Hon'ble High Court of Karnataka, today admitted a Public Interest Litigation (PIL) filed by Environment Support Group and others against the ongoing irrational road widening projects of the Bruhat Bangalore Mahanagara Palike (BBMP – Corporation of the City of Greater Bangalore). Appreciating the urgency for considering the need to protect avenue trees from needless felling and safeguarding various rights and priveleges of pedestrians, street vendors, etc., the Hon'ble Judges issued emergent notices to the Respondents while also allowing for serving of hand summons.
The PIL challenges BBMP's ongoing project of widening 91 roads (a number likely to increase) in Bangalore, running into a length of about 400 kms. across the length and breadth of the old city areas. This mega project is predicated on the premise that it would result in improved flow of traffic and reduce congestion. However, no evidence has been presented to prove that the result of widening would actually achieve these objectives. In contrast to the approach adopted by BBMP, experience from densely populated and leading cities from across the world prove that widening of roads is not the solution for easing traffic congestion. Instead intelligent design approaches, responsive (rather than reactionary) traffic management, enhancement of public transport, improvement in pedestrian zones, protection of livelihoods of vendors, and discouraging personalised modes of transport have successfully addressed the most serious traffic congestion problems of mega cities. Such approaches have also enabled the protection of cultural heritage, public spaces and urban greenery, significantly enhancing the environmental quality of urban areas.
The PIL makes a strong case against tree felling as the first step to road widening by demonstrating that the work undertaken by BBMP in several roads has proved unsuccessful in reducing traffic congestion. The Petitioners submit that the actions of the Tree Officer in authorising the felling of hundreds of avenue trees violate various provisions of the Karnataka Preservation of Trees Act, and is admittedly an action taken under duress. In most cases where hundreds of really old avenue trees have been felled, the stated object of widening has not been achieved even after years, as various utilities have not shifted out of the proposed right of way, or such spaces have been encroached by places of worship.
The PIL relies heavily on the National Policy on Urban Street Vendors, the National Urban Transport Policy and a variety of circulars issued by the Union Urban Development Secretary that argue for a rational and intelligent approach to managing congestion in urban areas. In particular, it makes a case that the object of all travel is to ensure people move across cities in safety and comfort, thus necessitating privileges to pedestrian movement, non-motorised forms of transport and public transport. Contrarily, the BBMP's approach seems to arrogate a right for the private motor car over all other modes of travel, thereby extinguishing many fundamental rights, while also exposing the public at large to great discomfort and even harm.
The PIL presents a variety of evidence to argue that the road widening programme is illegal as it has skirted fundamental public consultation processes required per the Karnataka Town and Country Planning Act. In addition the draft Comprehensive Development Plan -2005 (CDP) of Bangalore Development Authority, defining land use of the city, did not contain any proposal for widening roads on such a grand scale. Surprisingly, the final CDP – 2007 introduced plans for most inner city roads to be widened without in any manner informing or involving the public, an action that is patently illegal.
The PIL is a result of a long and deliberate series of proactive steps taken by the Petitioners along with Hasiru Usiru, a network of concerned groups and individuals in Bangalore. The Petitioners draw attention to the ruling of the Hon'ble High Court of Karnataka in 2005 (WP No. 14104/2005) in which the Government was directed to involve the public in decisions relating to road widening and tree felling. It is submitted that despite exhaustive efforts on the part of the Petitioners and Hasiru Usiru urging the Government and its agencies to engage with the public in evolving such schemes, the current road widening project has been rushed through disregarding the directions of the Hon'ble Court. In this context, it is prayed that the Hon'ble Court be pleased to strike down the road widening proposals, and the consequent tree felling orders. In addition, it is prayed that the Govenment be directed to evolve rational road development proposals that met with the highest standards of law, policy and urban planning.
The petitioners Environment Support Group and CIVIC Bangalore were represented by Advocate Mr. Sunil Dutt Yadav and Mr. Leo F. Saldanha, Coordinator, Environment Support Group, appeared in person. A copy of the PIL is accessible online on ESG website.
Comments
Road Widening - We need to Resist
Hi All,
I think Praja should engage with Hasiru Usiru & esg & promote better ideas to
tackle congestion with the reformed bus routings that narayan has suggested (TTMC to TTMC or zone to zone), "bus & pedestrians only" in shopping /market areas & BRT concepts, instead of destroying trees, widening roads & worsening the already terrible & chaotic traffic conditions.
The groups taking up the issue against road widening need support & I believe this senseless road widening without a plan for prioritizing public transport will worsen things - praja could provide the inputs on how this can be done.
What are your opinions ?
show us you know what you are doing
MLAs and Corporators agenda is Road Widening
Corporators and MLAs simply put their agenda as road widening and at the cost of trees and even houses without thinking what is the bottleneck now, what is the root cause and how it can be eliminated.
Root cause is the increase in the number of cars and bad driving habits. Solution needs to be found out for that rather than widened roads which again will be occupied by cars. Width of the traffic will increase and length will decrease.
There are ofcourse very narrow roads in some places, but, oneway and preventing HTV traffic there is the only answer. And few needs to be made pedestrain/cycle only zone such as Avenue road. Goods to be transferred to the shops needs to be transported by cycles as it was done in older days instead of bringing trucks or Goods Auto inside the Avenue road.
Elimination can be done by developing effective public transit and peenalizing for using cars especially wide cars and SUVs.
Senseless Road Widening - TS, Vasanth - Perfect
Absolutely right, & a great assessment, TS.
BBMP's solution so far to tackle congestion has only been widening roads, without care & thought for heritage values & the common folks - provision for movement of private vehicles has all along been taking unduly greater importance whilst ignoring & harming all others.
Englighten the administrators, praja activism
Well, not surprisingly, our short-sighted administrators should be enlightened as to how important it is for us to retain our trees for future generations and to protect the climate which Bangalore was once renowned for.
May I suggest that we collate all the material that we have been discussing here, viz -
1. Focus on Mass transportation, get more people out of their cars
2. Planning of Bus Stops at proper locations
3. Improve and make BMTC efficient using TTMC model etc
4. Reclaim side lanes abutting footpaths by making them usable
5. Strict enforcement of Lane discipline and other traffic rules, more powers to Traffic police, re-org traffic dept. etc
6. Pedestrian Skywalks can prevent jaywalking and disturbing traffic flow
7. Improving Intersections thru' redesign and signal-free corridors
Then we prepare a draft of the multi-pronged approach and present it to different bodies such as BBMP, BDA, BMTC, Forest Dept., KSPCB etc.
I am sure someone out there in those agencies is thinking about this, but since this is a long tem solution and will take time to show results and maybe even span multiple governments in power, no one wants to implement it.
It is imperative to resist local MLA's, corportators and administrators desires to use funds for mindless road-widening.
Let ESG and Mr. Saldhana use PIL while we could use less confronting ways to convince them about what is right and what is not.
Have doubts about the intentions of these kind of PILs & NGOs
I beg to disagree. The response of atleast one of NGO/Promoter of it! was doubtful in the Valley School Episode (Refer http://www.hindu.com/2008/02/20/stories/2008022060670400.htm). For the argument sake let us agree there was no encroachment, but isn't it the responsibility of the school authority/management to follow the rule of the land like not stocking sandal woods(conserved tree), not using it for teaching sculpture etc? I had been travelling through Indira Nagar 100 Ft road for last 3 years, had observed the transition of this area to a commercial zone from a quiet residential zone. Several trees were cut while converting these building to commercial one. I never saw a protest/complaint/PIL against these private interests. I fear PILs/NGOs are facades of public interests to save private interests as in case of CMH Road Traders Vs Metro. It was exposed to an extend during Koramangala demolitions as well. Is it the responsibility of BBMP alone to plant trees, that too just on the roads? Don't you think a plot owner building a 4000+sqft building on a 2000sqft area, without following the mandatory setbacks/open space/FSI is doing greater damage to evironment/supporting infrastructure etc.?
So NGOs/PIL filers please please practise what you preach.
Ramesh.
Improve utilization of current road width
I had raised this point in another blog - but here goes anyway.
The left most lane on most roads remains underutilized as Bangaloreans don't know know what nasty surprises are in store for them there - stumps of trees, mud, stones, manholes, etc. Drive on JC Road or Kanakapura Road and you will see this behaviour for yourself. Most people drive leaving at least 6-8 ft from the pavement (where it exists) or from the edge of the road.
It might be far more cost effective to remove impediments to usage of the left lane and then draw a straight yellow line (not the ones that the BTP currently draws which follow the contours of the tree trunks, etc) so that people can drive inside (w.r.t the median) this yellow line freely.
Some of the road widening is simply mindless. Take the stretch of Airport Road just after Domlur (driving towards MG Road) - there was absolutely no need to widen it as the road further ahead narrows down significantly.
Srivathsa
Drive safe. It is not just the car maker which can recall its product.
PILs by NGOs
ramesh_mbabu,
You do have a point - not all PILs are necessarily in public interest & many may be fronts for vested interests, as the school case has shown. The PIL by CMH rd traders is a better example of this - & the courts will obviously strike down their plea, considering public interests, at large since their arguments are invalid in this context. Some sections have even challenged the construction of the Metro itself, when studies have shown & can prove how it will help in commuting & other benefits.
The current CDP permits properties adjacent roads over 60-ft wide for commercial use, & hence roads such as Indiranagar 100-ft rd, Koramangala 80 & 100-ft rds, the wider rds in HRBR, etc are turning commercial. Due to this, many trees within private premises are being felled, no doubt & it is a pity.
The common man, who is unable to have large plots to grow trees on, has only public spaces & parks for him to enjoy a breath of fresh air & for many, public spaces are also for socializing & enjoying the city since they may not have access to any other means.
The reasons why this PIL needs to be supported is not just about saving trees, but because road-widening invites more traffic & with it more chaos & favors only the haves. It has not been demonstarted how such road widening will solve the grid-lock status of the city's roads. All road-widening so far, has resulted in even more traffic & even more chaos.
We do not want this to continue. Much more attention is required for public transport, pedestrians & for promoting bicycle usage, & we have discussed these issues many times in various blogs.
Trust you understand these reasons & why we wish to support this PIL, not others.
Road widening leaves pedestrians worse off
People living in and around Jayanagar know how wonderful it is to walk on the Nanda theatre (4th Main) road. Even on a hot day at 1:00 p.m. one can walk without feeling the heat.
Road widening makes life worse for pedestrians in many ways
a. During the widening itself, the pavements are made non-existent and the road sides are uneven. In the dark this is a serious hazard.
b. Trees are cut. People in cars don't feel the heat as much as they have the option of putting on the A/c. Pedestrians suffer.
c. They then have to cross an even wider road which makes the trip even more hazardous.
d. The footpath is left at a bare minimum.
Where does that leave pedestrians especially senior citizens and children among them? I fully support this PIL as it is truly in the interest of the public.
Srivathsa
Drive safe. It is not just the car maker which can recall its product.
Road Widening - the two sides
User Interaction Designer
Bangalore
Rowdy problem in MKK Road
Atleast areas such as Indiranagar's CMH Road are with people who do not usually take to sabotage and vandalism.
In Rajajinagar's Mahakavi Kuvempu Road (MKK Road) - the road that stars from Navrang Theatre to Malleswaram Circle (KC General Hospital), the small shopkeepers sabotage and remove all construction materials erected by Navayuga Ltd, the contract for namma metro.
There are lots of vested intersts which want buses only throgh that route because most of the bus stops are located close to their shops.
Hello, We at Hasiru Usiru
Hello,
We at Hasiru Usiru are convinced that we cannot address this problem with feeble numbers or a PIL alone. The need of the hour is a show of strength: i.e. we need to demonstrate to the concerned parties that there is a large number of people in Bangalore who believe this city is headed down the wrong path (indiscriminate road widening is one major issue, but not the only one).
While activities like the PIL are crucial, there are a host of other things that need to be done in order to save the city from become a traffic induced urban disaster zone. Examples include active engagement with govt officials, public protests, research into alternative transport policies, qunatitative evaluation of the impact on tree cover, etc).
To this end, Hasiru Usiru has started work on a campaign called "Namma Raste" to work towards a sustainable, people-centric approach towards developing Bangalore's road infrastructure. We are in urgent need of action-oriented volunteers to work on various aspects of this campaign. Hence, I urge people on this forum to attend Hasiru Usiru meetings. These meetings are providing concerned Bangaloreans an opportunity to take concrete steps to secure a brighter future for this beautiful city.
To subscribe to the HU mailing list, please visit
http://groups.yahoo.com/group/HasiruUsiru/
http://www.hasiruusiru.org (this is a rudimentary website that is under construction, where some information is available under the "blog" section about recent activities.
Finally, we at Hasiru Usiru would be really keen on understanding the opinions of folks like ramesh_mbabu, so let me take this chance to extend a direct invitation to him to stop by and voice concerns face to face. If Hasiru Usiru/ESG/Praja are to have areal positive impact on this city, the onus is on us to understand the mix of opinions that are out there .
Regards to all.
Appeal for help from Hasiru Usiru
Apologies. The first time around I ended up creating a new thread when I actually wanted to reply to Naveen's comment about engaging with Hasiru Usiru/ESG.
We at Hasiru Usiru are convinced that we cannot address this problem with feeble numbers or a PIL alone. The need of the hour is a show of strength: i.e. we need to demonstrate to the concerned parties that there is a large number of people in Bangalore who believe this city is headed down the wrong path (indiscriminate road widening is one major issue, but not the only one).
While activities like the PIL are crucial, there are a host of other things that need to be done in order to save the city from become a traffic induced urban disaster zone. Examples include active engagement with govt officials, public protests, research into alternative transport policies, qunatitative evaluation of the impact on tree cover, etc).
To this end, Hasiru Usiru has started work on a campaign called "Namma Raste" to work towards a sustainable, people-centric approach towards developing Bangalore's road infrastructure. We are in urgent need of action-oriented volunteers to work on various aspects of this campaign. Hence, I urge people on this forum to attend Hasiru Usiru meetings. These meetings are providing concerned Bangaloreans an opportunity to take concrete steps to secure a brighter future for this beautiful city.
To subscribe to the HU mailing list, please visit
http://groups.yahoo.com/g...
http://www.hasiruusiru.org (this is a rudimentary website that is under construction, where some information is available under the "blog" section about recent activities.
Finally, we at Hasiru Usiru would be really keen on understanding the opinions of folks like ramesh_mbabu, so let me take this chance to extend a direct invitation to him to stop by and voice concerns face to face. If Hasiru Usiru/ESG/Praja are to have areal positive impact on this city, the onus is on us to understand the mix of opinions that are out there .
Regards to all.In my opinion in many
do we really need road widening?
as far as clogged roads go there are two major reasons for it. One is jammed junctions and the other is stalled vehicles..
For stalled vehicles all we need is a tow truck..I dont know why we still dont have one and the monsoons have come!
The second is clogged junctions. This is the major cause for all congestion..I think all junctions in Blr need to be redesigned and improved. Even if this means acquiring properties and bringing structures down. better designed junctions is the only way to solve congestion in blr.
For instance traffic police like they always do being reactive..have stopped right turn of vehicles coming from the ring road(from intel) towards whitefield. This is a good move but they have shifted the bottleneck from marathalli bridge to the congested market further down where these vehicles try to make a U-turn. They have these U-turn junctions manned during peak hours.
But what happens is one SUV or a sedan does not have enough space to make the Uturn as the radius is too small! Sometimes the matter is made worse when busses start turning!
All that needs to be done is to have more organized way to make u-turns..'wait for your trun' way. This way with few changes much help can be done to both the vehicles turning as well as the ones moving straight!
I agree with you about
I agree with you about BEL
it is very well planned; we can go one step ahead in adopting BEL approach; we can reduce the number of BESCOM boxes and locate them in a nice recess; also the electric wires for traffic lights can be laid in nice concrete conduits below the ground.
Naveen - A clarification on the trees cut on 100 Ft Road
Around 10 were cut or destroyed, not on these developed private property, but all those were on the road side, healthy full grown trees. The only "PUBLIC INTEREST" for cutting them were the commercial value of the new/rennovated buildings [Accessibility, Visibility & Free parking space made available], but there were no crocodile tears for those trees.
Ramesh.
Tree Felling Case - Indiranagar
Ramesh - thanks for the clarification.
Organizations like Hasiru Usiru are voluntary organizations with limited scope & funds, & need help from all of us. They rely on reports from various quarters since they do not have too many staff members, being a voluntary non-profit entity.
The 10 odd trees that were felled for commercial interests may have been saved if a volunteer had reported this to them. They need me & you as their eyes & ears, & I think it would be too much for us to expect them to monitor & stop each & every case of indiscriminate felling, without us helping them.
development and greenery can co-exist
Exactly Naveen! I am a member of HU, and whenever I have noticed any tree felling activity, I have tried to intervene. But, what's happening today is that the forest officers attached to the BBMP are issuing permissions very easily, and the jobs are being undertaken in a very professional manner, literally overnight, before anyone even gets a scent of the activity. It has been contained to some extent by filing RTI applications, etc. I myself have filed a few. Perhaps more of these can act as deterrents.
The youngsters amongst the HU are a very committed, genuine and passionate lot. They are not against development, but they are questioning the development path. They certainly have a valid point of view.
I do believe 'development and greenery can co-exist'. Look for more under under the same caption in my blog at http://muralidharrao.blog...The Valley School incident and HU are not directly connected.
Muralidhar Rao
May be, but ESG & valley school are directly connected
Or rather one promoter of ESG & valley school incident are directly connected if the news reports on those days are to be believed & the PIL discussed here is filed by none other than ESG. Who knows if this is not a case of private interest disguised as public interest?
Ramesh.
Re: May be, but ESG & valley school are directly connected
Dear Ramesh,
We can all go crazy trying to hypothesize the real motivation behind the PIL. I could argue that the point you make about "if the news reports these days are to be believed" is the real issue, and the lack of integrity in today's journalism is what has led you to question the motivation behind the PIL. But this gets us nowhere, since you will obviously have some counter argument.
The basic point I want to make is : this train of thought is useless, since it is limited to guesswork & theories. The only *real* thing here is the PIL itself. I would strongly suggest that we take the effort to actually read the PIL and judge its motivation from its content alone.
If you don't have the inclination towards reading it, please consider attending one HU meeting to see for yourself the integrity and sincerity of those who are backing this initiative.
Regards.
Tree Felling Case - Indiranagar
It's good to know ramesh has a point of view that's completely opposite of what most people are saying on this forum.
If I remember correctly, the residents association at HAL (Indiranagar) did try to stop the tree felling. Infact, they succeeded in the initial stages when the felling was without permission. But once the permissions were granted there wasn't much they could do and it was only a handful of people who were protesting.
Was it their responsibility alone? And why should we expect NGOs to take up causes for us all the time? Is it not our responsibility, as "concerned" and "informed" citizens to get together and fight this indiscriminate felling?
I do agree we need to be careful who we support and what causes we support. The PIL is a step forward in curbing this unplanned felling. It's long overdue. And frankly I can't quite see what could be "private interest" in this.
Imagine this - the Double Road in Indiranagar which has a row of magnificient rain-trees on the central median completely bare, every single tree felled because it needed to be broadened? If the felling continues, this scenario is not far from coming true.
The thought is enough to make me commend this PIL.
palike defends road widening
Road widening is no solution long term Or short term