TMI Blog2003 (4) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... .7.1998 issued in exercise of power under sub-sections (1) and (2) of Section 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 Section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facilitate two important constructions, namely (i) Annexe building to the Legislators' Home and (ii) construction of ground level reservoir in NRDE premises for facilitating supply of water. It is stated that an extent of about half an acre is needed for construction of additional block within the premises of Legislators' Home and an area of 1.75 acres is required for the water reservoir. If these constructions are to be taken up, 30 Ashoka trees and 15 old trees are required to be removed. In the counter affidavit, it is specifically stated that in view of the trees to be cut and removed, more number of trees will be planted in and around the place and even after construction of ground level water reservoir, the park area will be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel appearing for the respective parties before us in their arguments reiterated the above submissions that were made before the High Court. As is evident from the impugned judgment, the High Court after considering the submissions made on behalf of the parties referring to the various decisions of this Court cited and having due regard to the facts and circumstances of the case, taking a holistic and pragmatic view, declined to quash the impugned Notification. The High Court upheld the validity of the same and refused to stop the proposed two constructions. However, sharing apprehensions expressed on behalf of the writ petitioners that there could be further notifications deleting some more areas and resorting to constructions ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable shall be alienated by way of sale, lease, gift, exchange, mortgage or otherwise or no licence for the use of any such land or building shall be granted and any alienation made or licence granted in contravention of this section shall be null and void: Provided that the restriction under this sub-section to lease shall not apply in the case of buildings existing on the date of coming into force of this Act. It is clear from sub-section (2) extracted above that there is an injunction restraining alienation of land or building within the parks and issuing licence for the use of any such land for use in contravention of the said Section. It is also made clear that any alienation made or licence granted in contravention of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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