The Lucknow Bench of the Allahabad High Court has directed divisional commissioners and other authorities in Uttar Pradesh to compile details of all parks, playgrounds, and open spaces across the state, observing that the statutory exercise mandated under the Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975 has not been properly carried out for over four decades.
A bench comprising Justice Rajan Roy and Justice A.K. Chaudhary issued the direction while hearing a public interest litigation concerning the use of Janeshwar Mishra Park in Lucknow. The court asked the state government to ensure that authorities prepare and maintain a comprehensive list of such public spaces as required under the 1975 legislation.
The Act requires authorities to collect and record details of parks, playgrounds, and open spaces in a list maintained under Sections 3 and 4. During the proceedings, the court noted that this mandatory exercise has not been undertaken across all parts of Uttar Pradesh even decades after the law came into force.
Highlighting the purpose behind the statutory requirement, the bench observed that the provision was intended to safeguard public recreational spaces. The court noted in its order dated February 24, “The object behind such a provision is to preserve and regulate parks, playgrounds and open spaces for obvious reasons.”
The court also referred to Section 6 of the Act, which restricts any change in the use of parks, playgrounds, or open spaces that are included in the statutory list. According to the provision, such spaces cannot be used for purposes other than those for which they were originally used at the commencement of the Act unless prior approval is obtained from the prescribed authority.
The litigation before the court was initiated by petitioner Dharampal Yadav, who sought restrictions on the commercial use of Janeshwar Mishra Park in Lucknow. While considering the issue, the court emphasized the need to first ensure proper identification and documentation of parks and open spaces under the law.
As part of its directions, the bench specifically instructed authorities to conduct a survey of parks, playgrounds, and open spaces in Lucknow, including Janeshwar Mishra Park, and ensure that the details are recorded in accordance with the statutory framework.
The court has scheduled the next hearing in the matter for April 10.
