Court Directs Inclusion of Parks like Janeshwar Mishra Park in Official List to Safeguard Against Commercial Use
In a significant ruling, the Allahabad High Court has mandated a comprehensive survey of all parks, playgrounds, and open spaces across Uttar Pradesh, emphasizing their inclusion in the official list as per the Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975. This directive was issued in response to a Public Interest Litigation (PIL) filed by Dharampal Yadav, highlighting the non-inclusion of Janeshwar Mishra Park in Lucknow in the prescribed list, raising concerns over the potential misuse of such public spaces for commercial purposes.
The Division Bench comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary expressed astonishment at the exclusion of Janeshwar Mishra Park from the list, emphasizing the Act’s objective to preserve and regulate parks, playgrounds, and open spaces in Uttar Pradesh. The court underscored the importance of these spaces for environmental conservation and as habitats for birds and other species.
The judgment criticized the Lucknow Development Authority (LDA) for its oversight and directed the prescribed authorities to conduct a thorough survey of all such spaces within municipal limits, ensuring their inclusion in the official list. The court further expanded the scope of the PIL to cover the entire state, instructing Divisional Commissioners and District Magistrates to carry out similar exercises across all districts.
The court also issued a cautionary note to the LDA to reconsider any commercial activities in Janeshwar Mishra Park, citing environmental concerns and the potential impact on resident bird species. The authorities have been directed to file affidavits by April 10, 2026, detailing the inclusion of parks in the list and ensuring compliance with the court's directives.
This judgment marks a pivotal step towards safeguarding public spaces in Uttar Pradesh, aligning with the larger environmental objectives and community interests.
Bottom Line:
Preservation and regulation of parks, playgrounds, and open spaces under Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975 - Directions issued for survey and inclusion of parks, playgrounds, and open spaces in the prescribed list.
Statutory provision(s): Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975 Sections 3, 4, 5, 6, 9, 13; Uttar Pradesh Parks, Playgrounds and Open Spaces (Regulation and Control) Rules, 2005 Rule 2(1)(c), 2(1)(d), 3, 4, 5, 6
Dharampal Yadav v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2864681
