Following protests and requests from activists and citizens regarding reckless felling of trees for the purpose of phase 2 of Metro construction, the BMRCL co-ordinated a public consultation on Friday. Journalists, Activists and common citizens gathered at the Jayanagar Fire Station ground on Bannerghatta road between 3PM and 5:30PM to express their concerns to the authorities. The authorities present included BMRCL chief engineer Subramaniam N, Divisional Forest Officer Cholarajappa and his junior officers.
Speaking about the legality of cutting down trees for the project, environmental activist Leo Saldana said “It is illegal for the BMRCL to go ahead with butchering of trees according to Karnataka Town and Country Planning Act. As per Sections 9, 30, 31, 32, if any infrastructure project is not there in the existing Comprehensive Development Plan, they have to go under Section 14A and seek a change in land use plan for which there is a procedure. This procedure involves giving a notification to the public, considering objections from them and then proceeding with the plan. Going against the Karnataka Town and Country Planning Act is considered a breach of the constitution.”
Leo also pointed out that the drawings of the plan that were displayed by the BMCRL at the gathering did not contain a seal from an authority. “According to the KTCPA act, the BMRCL has to propose the plan to Bangalore Metropolitan Committee with details about the areas to be acquired, trees to be cut and so on. Only after getting the approval of the Bangalore Metropolitan Committee can they go ahead with the project”, he added.
Some other key issues were raised by members present such as the minimum number of trees to be felled in order to hold a public consultation. Currently, The BBMP tree cell can hold public consultation only if the number of trees being cut for a project is above 50. Activists demanded this law to be changed because cutting even one tree affects the environment.
Another issue that was discussed was BMRCL’s false claim that the All Saints Church has 40 trees that are going to be cut down for metro construction. However, members of the church argued that the church is home to around 180 trees which will be destroyed if ever the authority goes ahead with their current plan. When attendees brought up this miscalculation, Cholarajappa promised to visit the premises himself and make sure that accurate counting of trees takes place.
Leo referred to a Karnataka High Court order dated 7th August 2014 which reads, "We deem it necessary to direct that felling of trees would be undertaken as an exception rather than a rule and further that tree office or tree authority would fully satisfy themselves and certify that all other alternatives have been considered regarding the feasibility of the felling of trees. If any objections are received from the public, due consideration shall be given by assigning reasons."
The Karnataka High Court order has also mentioned that the authorities should implement a web-based system wherein information will be made available to the public in a transparent manner. Activists present at the public consultation however argued against the feasibility of the online facility in providing transparency. Priya Chetty Rajagopal, an activist said “As far as the online application is concerned, there is no option to know if any alternatives have been investigated at all. It only asks for the application and reason why. There is no scope to know if people have objected the project, if legitimate permission has been sought and so on. The online application was meant for transparency but what it has unfortunately created is ease for authorities to cut trees’.”
DFO Cholarajappa responded to the concerns of the citizens by assuring to present these issues before the Tree Authority of Bengaluru which is the appealing authority since he cannot take decisions individually. Depending on the decision taken by the tree cell, further public consultations would be held. He also said that no felling of trees would take place until a consensus is reached regarding the issue.