BIMAL N DESAI Vs. STATE OF KARNATAKA
LAWS(SC)-2003-4-35
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on April 25,2003

SHRI BIMAL N.DESAI Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

Shivaraj V. Patil, J. - (1.) Leave granted.
(2.) The appellant in this appeal has questioned the validity and correctness of the order dated 13-8-2001 passed by the High Court of Karnataka in Writ Petition No. 19541 of 1999.
(3.) Few writ petitions were filed purporting to serve public interest. The High Court disposed of those writ petitions by the common order. One of the Writ Petitions No. 19541 of 1999 had been filed by the appellant. The Notification dated 30-7-1998 issued in exercise of power under sub-sections (1) and (2) of S. 3 of the Karnataka Government Parks (Preservation) Act, 1975 (for brevity the Act) was under challenge in the said writ petitions; directions also had been sought for to preserve and maintain Cubbon Park to the full extent as specified in the Notification dated 27-9-1983 and not to allow any structures adjoining Legislators Home and LRDE (a Central Govt. organization). The Act is a short one containing 4 sections. Relevant section for the purpose having bearing on the controversy is S. 3 which reads :- "Section 3. Application of the Act- (1) This Act shall apply to all the lands and buildings within the limits of such parks belonging to the State Government as the State Government may, from time to time, by Notification in the Official Gazette, specify; (2) The Notification referred to in sub-section (1) shall specify as nearly as possible, the situation and limits of such park." ;


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