KARNATAKA ACT NO. 21 OF 2010
THE KARNATAKA GOVERNMENT PARKS (PRESERVATION)
(AMENDMENT) ACT, 2009
Arrangement of Sections
Sections:
1. Short title and commencement
2. Insertion of new section 5
3. Repeal and savings
STATEMENT OF OBJECTS AND REASONS
Amending Act 21 of 2010.– It is considered necessary to amend the Karnataka Government Parks (Preservation) Act, 1975 to provide for alienation of certain area of Indira Gandhi Musical Foundation Park to Bruhat Bangalore Mahanagara Palike and Lalbagh to the Bangalore Metro Rail Corporation Ltd., for the following purposes; namely:-
(i) for widening of the roads by the Bruhat Bangalore Mahanagara Palike, and
(ii) for construction of elevated station for Metro Rail Project of Bangalore.
As the matter was urgent and both the Houses of the Karnataka State Legislature were not in session, the Government of Karnataka promulgated the Karnataka Government Parks (Preservation) (Amendment) Ordinance, 2008. (Karnataka Ordinance 4 of 2008)
This Bill seeks to replace the said Ordinance.
Hence the Bill.
[L.A.Bill No. 11 of 2009, File No.DPAL 28 Shasana 2008]
[Entry 18 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 21 OF 2010
(First Published in the Karnataka Gazette Extra-ordinary on the Seventeenth day of May, 2010)
THE KARNATAKA GOVERNMENT PARKS (PRESERVATION)
(AMENDMENT) ACT, 2009
(Received the assent of the Governor on the Seventh day of May, 2010)
An Act, further to amend the Karnataka Government Parks (preservation) Act, 1975.
Whereas, it is expedient further to amend the Karnataka Government parks (Preservation) Act 1975 (Karnataka Act 23 of 1975), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the fifty-ninth year of the Republic of India as follows:-
1. Short title and commencement :- (1) This Act may be called the Karnataka Government Parks (Preservation) (Amendment) Act, 2009.
(2) Clause 2 and 3 except clause (c) and (d) of section 5 to be inserted shall be deemed to have come into force with effect from 22nd day of November 2008 and clause (c) and (d) of section 5 shall come into force with immediate effect.
2. Insertion of new section 5 :- After Section 4 of the Karnataka Government Parks (Preservation) Act, 1975 (Karnataka Act 23 of 1975) the following new section shall be inserted namely:-
“5. Permission in certain cases :- Notwithstanding anything contained in section 4, the State Government may subject to such conditions and restrictions as it may impose as regards construction, maintenance, management use and like matters alienate an area of,-
(a) 1223 sq. mtrs at Indira Gandhi Musical Fountain Park to the Bruhat Bangalore Mahanagara Palike for the purpose of widening of roads; and
(b) 1135. 18 sq. mtrs at Lalbagh gardens along the compound wall of west gate towards western side of the park (presently called R.V. Road) to Bangalore Metro Rail Corporation Limited for the purpose of construction of elevated Station for Metro Rail Project of Bangalore”
(c) 2126.71 sq.mtrs area of Cubbon Park located between Vidhana Soudha and Karnataka High Court Building, East: Park area of survey No. 1284; West: Survey No. 570; North: Park area in survey No. 1284 linking to the nursery and South: Park area of survey No. 1284 opposite to High Court ;
(d) 11,160 sq.mtrs area of Cubbon Park located between East: High Court of Karnataka in survey No. 1284; West: Existing Road between Vidhana Soudha, and High Court in the Cubbon Park area of survey No. 1284; North: General Post Office and South: Cubbon Park area of survey No. 1284.
3. Repeal and savings.– (1) The Karnataka Government Parks (Preservation) (Amendment) Ordinance, 2008 (Karnataka Ordinance No. 4 of 2008) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
By Order and in the name of the Governor of Karnataka
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation