SHRI BIMAL N. DESAI versus STATE OF KARNATAKA AND ORS.

SHRI BIMAL N. DESAI versus STATE OF KARNATAKA AND ORS.

The Court declined to interfere with the High Court's judgment upholding the government notification excluding a portion of Cubbon Park for construction purposes, but left open the legal questions regarding the power to delete land/building from the notified park area under the Act and Section 21 of the General Clauses Act, as well as the validity of such reductions in the context of the Act's object to preserve open spaces.

Parties
Appellant: Shri Bimal N. Desai; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
25 April 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal Against Karnataka High Court Order in W.p. No. 19541 of 1999
Outcome
Appeal disposed of; High Court judgment not interfered with; questions of law left open.
Legal Topics
Preservation of Parks, Government Notifications, Limitation of Administrative Power, Article 21 Right to Environment, Interpretation of Statutes
Environmental Law Constitutional Law Administrative Law Preservation of Parks Government Notifications Limitation of Administrative Power Article 21 Right to Environment Interpretation of Statutes

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Parties

Shri Bimal N. Desai

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal Against Karnataka High Court Order in W.p. No. 19541 of 1999

Legal Issues

  1. 1 Whether the exclusion of a portion of Cubbon Park by government notification is violative of the Karnataka Government Parks (Preservation) Act, 1975
  2. 2 Whether after notification under Section 3 of the Karnataka Government Parks (Preservation) Act, 1975, the notified land/building can be excluded using Section 3 or Section 21 of the General Clauses Act, 1897
  3. 3 Whether such exclusion contravenes Article 21 of the Constitution of India

Ratio Decidendi

The Court declined to interfere with the High Court's judgment upholding the government notification excluding a portion of Cubbon Park for construction purposes, but left open the legal questions regarding the power to delete land/building from the notified park area under the Act and Section 21 of the General Clauses Act, as well as the validity of such reductions in the context of the Act's object to preserve open spaces.

Court Disposition

Appeal disposed of; High Court judgment not interfered with; questions of law left open.

Orders

  • Appeal is disposed of in above terms; no costs.