Public Park Cannot Be Converted Into Parking Area, this has been held by the Allahabad High Court in its recent Judgment.
A Writ Petition was filed challenging the action of the respondents for the conversion of a public park, into the public parking area.
Petitioner alleges that it is totally illegal and not permissible under law.
In the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 is the law of Parks.
The word ‘Park’ is defined as
A piece of land on which there are no buildings or of which not more than 1 / 20th part is covered with buildings and the whole or the remainder of which is laid out as gardens with trees, plant or flower beds or as a lawn or as meadows and maintained as a place for the resort of the public for recreation, air or light.
Allahabad High Court referred to Article 48-A of the Constitution of India. Under Article 48-A of the Constitution, the State is obliged to endeavour, protect and improve the environment of the country.
High Court observed that respondents have failed to develop the spaces earmarked for Parks for several years and have thus belied all the cherished hopes of the citizens.
The underlying idea behind the constitution of the Development Authorities were to accelerate the pace of development and make the town in the State as attractive as possible.
It is unfortunate that the respondents sat tight over the development of the Parks and remained absolutely inactive for years.
The Allahabad HC further observed that Right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution-free water and air for full enjoyment of life.
Public Park Cannot Be Converted Into Parking Area
Hon’ble Judges referred to the Judgment of the Supreme Court in the case of Bangalore Medical Trust vs. B.S. Muddappa & Ors. reported in (1991) 4 SCC 54.
In this case the Supreme Court pointed out the importance of Park. Supreme Court held that park cannot be converted into a nursing home under the garb of social welfare.
The Allahabad HC observed that undeveloped space is often occupied unauthorizedly by the people who have little regard to the law.
All the parks and playgrounds in the State of U.P. are maintained under the provisions of U.P. Act, 1975 and Rules framed thereunder.
So, the Court has directed the Competent Authority to ensure that
there is no encroachment or keeping or throwing garbage etc. in Park.
It should be maintained and cleaned in a proper manner so as to be utilized as a Park by people in general.
Court has directed to place the copy of Judgment before the Chief Secretary of State for its state-wise compliance.
Title: Ram Bhajan Singh vs State of U.P. and Others
Case No: WRIT – C No. – 15691 of 2020
Coram: Hon’ble Justice Abhinava Upadhya and Hon’ble Justice Prakash Padia
Date of Judgment: 14.10.2020
Counsel for Petitioner:- Prabhat Kumar Singh, Anil Kumar Tiwari
Counsel for Respondent:- C.S.C., Brijesh Kumar Mishra