G K GOVINDA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions are filed by way of public interest litigation. Writ petition No. 32232/98 has been taken up suo motu by this court on the basis of the letter sent by Sri g. k. govinda rao who is a resident of jayanagar, Bangalore. The other writ petitions are filed as pils by various other persons. In all these writ petitions the notification dated 30. 7. 1998 issued in purported exercise of power under sub-section (1) and (2) of Section 3 of Karnataka government parks (preservation) Act, 1975 (hereinafter referred to as 'the act') has been questioned. Directions have also 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 adjacent to legislators' home and lrde (a central government organisation)

(2.) THE impugned notification was issued in supersession of thenotification dated 27. 9. 1983. The notification dated 27. 9. 1983 was issued under the same Provisions in modification of the earlier government notification dated 30. 9. 1975. All these notifications purport to specify, for the purposes of Section 3 of the Act, lands and building within the limits of the park known as cubbon park (renamed as sri. Chamarajendra park ). The situation and limits of that park are specified with reference to the boundaries given in the schedule. In sum and substance, by the second notification of 1983, additional area was included within the limits of park and by the third notification (impugned notification) dated 30. 7. 1998, a part of the said area was deleted. At this stage, it may be pointed out that there are two notifications of the same date. By the second notification dated 30. 7. 1998, the lrde park area of about 17 acres (other than 1. 75 acres), which was excluded by the first notification, was tagged onto the park. The net result of the two notifications issued on 30. 7. 1998 including the impugned notification of the same date is that nearly 30 acres has been deleted from the limits of Sri chamarajendra park area. To be more specific, the areas deleted are those constituting the premises of RAJ bhavan and legislators' home and a small portion of lrde premises.

(3.) THE Karnataka government parks (preservation) Act, 1975 isa short enactment with four sections. Let us refer to sections 3 and 4.