Allahabad High Court Issues Directive for Comprehensive Documentation of UP's Green Spaces
The Lucknow bench of the Allahabad High Court has issued a significant order, directing all divisional commissioners and other prescribed authorities in Uttar Pradesh to meticulously include details of parks, playgrounds, and open spaces across the state in the official list as mandated under the Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act of 1975.
Court's Mandate for Compliance and Survey
The bench, comprising Justice Rajan Roy and Justice AK Chaudhary, has explicitly instructed the government to ensure strict adherence to this directive. Authorities are required to compile and submit comprehensive details of all such recreational areas recorded under the Act. The court has scheduled the next hearing for April 10 to review progress on this matter.
This judicial intervention stems from a Public Interest Litigation (PIL) filed by petitioner Dharampal Yadav, who sought restrictions on the commercial exploitation of Janeshwar Mishra Park. During the proceedings, the bench uncovered a critical oversight: despite the enactment of the 1975 legislation and subsequent rules framed in 2005, the necessary documentation of parks, playgrounds, and open spaces across Uttar Pradesh has remained incomplete to this day.
Legal Framework and Prohibitions
The court emphasized that the prohibition outlined in Section 6 of the 1975 Act applies specifically to parks that have been included in the lists referenced under Sections 3 and 4. This section strictly forbids the use of any park, playground, or open space listed under these provisions for purposes other than those for which it was utilized immediately before the Act's commencement, unless prior sanction is obtained from the prescribed authority.
The bench clarified, "The prohibition contained in section 6 of the Act, 1975 apparently will apply on parks which have been included in the list referred in section 3 and 4 of the Act, 1975 after promulgation of the Act, 1975 also."
Specific Focus on Janeshwar Mishra Park
In addition to the statewide directive, the court has ordered a detailed survey of parks, playgrounds, and open spaces, with particular attention to Janeshwar Mishra Park. Following this assessment, a decision must be made regarding their inclusion in the official list to ensure legal protection against unauthorized alterations or commercial use.
The order, passed on February 24, underscores the judiciary's commitment to preserving public recreational spaces and enforcing statutory safeguards. This move aims to prevent the encroachment and misuse of vital green areas, ensuring they remain accessible for community use as intended by law.
