Preservation of notified park area questioned under parks law, but legality of reduction was left undecided.

A notification issued under the Karnataka Government Parks (Preservation) Act, 1975 reduced the area earlier notified as part of Cubbon Park to facilitate specified constructions. The Court noted the Act's preservation purpose and expressed reservations about whether the notified park area could lawfully be diminished by invoking Section 3 of the Act or Section 21 of the General Clauses Act. However, it declined to disturb the High Court's order and expressly refrained from finally deciding the legality of the notification. The question whether the reduction of the notified park area was valid was left open, and no conclusive ruling on the merits of the challenge was given.

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Issues: Whether the impugned notification reducing the notified park area was liable to be interfered with.

Analysis: The challenge concerned a notification issued under the Karnataka Government Parks (Preservation) Act, 1975 that reduced the area earlier notified as part of Cubbon Park to facilitate specified constructions. The statutory object was preservation and maintenance of government parks as horticultural gardens, and the Court noted reservations about the contention that the notified area could be diminished by invoking Section 3 of the Act or Section 21 of the General Clauses Act. At the same time, the Court declined to disturb the High Court's order and expressly refrained from finally deciding the legality of the notification.

Conclusion: The legality of reducing the notified park area was not conclusively decided, and the question was left open.

Final Conclusion: The appeal ended without a final ruling on the merits of the challenge to the notification.

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