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1997 Supreme(Kar) 39

G.C.BHARUKA
NAGARAHOLE BUDAKATTU HAKKU STHAPANA SAMITHI – Appellant
Versus
STATE OF KANATAKA – Respondent


Advocates:
B.HINCHAGARI, B.V.ACHARYA RAO, L.G.HAVANUR, N.K.Ramesh, Ravivanna Kumar, S.VIJAYA SHANKAR

G. C. BHARUKA, J.

( 1 ) THIS is a public interest litigation. The petitioner Organisations claim to be working for the welfare of the tribals and are interested in ensuring the maintenance of ecological balance in Nagarahole National Park, which according to them, is essential to be maintained for the environmental reasons as also to protect the interests of the tribals residing in and nearby areas of the National Park.

( 2 ) IN the present writ petition, the petitioners have challenged the legality and propriety of creating lease hold rights in certain properties; situated in the midst of the Nagarahole National park, under the lease deed dated 25-6-199 (Annexure 'f') by the Government of Karnata in favour of the 5th respondent, namely, M/s. Gateway Hotels and Gateway Resorts Limited, a private company for running its business of boarding, lodging and restaurant, for a period of 18 years.

( 3 ) THE legality of the impugned grant of lease hold rights has been assailed by the petitioners on the ground that the same has been made in flagrant violation of the statutory restrictions contained in the Wild Life Protection Act, 1972, and the Forest (Conservation) Act, 1980. The propriety o
































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