BIMAL N DESAI Vs. STATE OF KARNATAKA

JUDGEMENT

(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 :-