Allahabad High Court Orders Immediate Removal of Unauthorized Encroachments in Lucknow Public Park
Court Directs Municipal and Police Authorities to Address Encroachments and Maintain Public Spaces
In a significant ruling aimed at preserving public parks and open spaces, the Allahabad High Court, Lucknow Bench, has directed the immediate removal of unauthorized encroachments in a public park located at Sant Guru Ravidas Nagar, Wazir Hasan Road, Lucknow. The Division Bench comprising Justice Sangeeta Chandra and Justice Brij Raj Singh issued the order on September 23, 2025, in response to a writ petition filed by local resident Bebi Pal.
The petitioner contended that anti-social elements had illegally occupied the park, installing makeshift religious structures and household items, thereby disrupting the community's use of the space. Despite repeated requests, the local authorities had failed to address the encroachments, prompting the petitioner to seek judicial intervention.
The court highlighted the statutory duty of authorities under Section 6 of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, and Rule 10 of the Uttar Pradesh Parks, Playgrounds and Open Spaces Regulation and Control Rules, 2005, to maintain and protect public parks from illegal encroachments.
Drawing on directives from the Supreme Court in a similar case, Union of India v. State of Gujarat, the High Court emphasized the need for strict compliance with legal provisions to prevent unauthorized constructions on public lands. The court directed the Commissioner of Nagar Nigam, Lucknow, to take immediate action to remove the encroachments, investigate lapses, and ensure adherence to the law.
Additionally, the court instructed the Commissioner of Police, Lucknow, to ensure that the Deputy Commissioner files an affidavit detailing the actions taken by the police to prevent unauthorized constructions and explain any lapses in reporting the issue to higher authorities.
The High Court's decision underscores the importance of preserving public spaces for community use and maintaining law and order. The case is scheduled for further proceedings on October 14, 2025, by which date the municipal authorities are required to submit a personal affidavit detailing compliance with the court's orders.
Bottom Line:
Unauthorized encroachment on public parks or public spaces, including makeshift religious structures, must be removed, and authorities are directed to take strict action to prevent recurrence of such encroachments.
Statutory provision(s): Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 - Section 6, Uttar Pradesh Parks, Playgrounds and Open Spaces Regulation and Control Rules, 2005 - Rule 10
Bebi Pal v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2785855
