Lucknow, Mar 11 The Lucknow bench of Allahabad High Court has directed divisional commissioners and other authorities to collect details of parks, playgrounds and open spaces in the state, noting that the exercise has not been properly carried out in over four decades of a law mandating it.
The information on parks and other such places are to be entered in a list as per the Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975.
A bench of Justice Rajan Roy and Justice AK Chaudhary has directed the state government to ensure compliance of the law.
"The object behind such a provision is to preserve and regulate parks, playgrounds and open spaces for obvious reasons," the bench said in its order dated February 24.
The petitioner had sought restriction on commercial use of Janeshwar Mishra Park, Lucknow.
During the hearing, the high court noted that under the law read with rules framed thereunder in 2005, it is necessary to collect details of all parks , play grounds and open spaces in a list provided in Section 3 and 4 of the Act, adding that it has not been done till date in all parts of Uttar Pradesh.
"Section 6 of the Act prohibits the use of parks, playgrounds or open spaces specified in the list published under Section 3 or Section 4 of the Act... except with the previous sanction of the prescribed authority, to be used for any purpose other than the purpose for which it was used on the date immediately preceding the date of commencement of the Act," it observed.
The bench has specially issued directions to conduct survey of parks, playgrounds or open spaces in Lucknow, including Janeshwar Mishra Park.
The next hearing on the PIL filed by one Dharampal Yadav was fixed for April 10.
Dharampal Yadav v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2864681
