JUDGMENT

Shivaraj V. Patil, J.-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 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 ore 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 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."

4. The laudable object of the Act was obviously to preserve parks in open spaces to create and maintain healthy and eco-friendly atmosphere in addition to providing recreational facilities to the public. A Notification dated 27.9.1983 had been issued under the Act in modification of the earlier Govt. Notification dated 13.9.1975. In the said Notification of 1983, the buildings such as High Court, Vidhan Soudha, Legislators Home, Raj Bhawan, Tennis Stadium, LRDE Campus etc. with surrounding areas were included. The famous "Cubbon Park" comes within the said area. The said park is a very old park which has been developed as horticultural landscape and garden. There was no dispute between the parties that the object of the Act is not to touch or affect the existing buildings or structures and to preserve open space around these important buildings. The question that came up for consideration in the writ petitions before the High Court was whether the diminution of the area notified in 1983 by virtue of the impugned Notification of 1998 was violative of the provisions of the Act or any other statutory or constitutional provisions such as Article 21 of the Constitution. From the Notification of 1998, it was clear that it was intended to 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 developed and nourished. In the Statement of Objections and in the course of the arguments advanced by the learned Advocate General before the High Court, it is pointed out that these constructions are inevitable and needed. It was further pointed out that the exclusion of the area from the notified area constitutes only 3 to 4 per cent of the total area notified earlier and that there would be no further coverage of open area for any purpose. It was also submitted by the learned Advocate General that the State Govt