JUDGMENT - S.P. BHARUCHA, J.:---This petition concerns the August Kranti Maidan in Bombay. It is one of the city's playground, so designated in the existing and proposed Development Plans.

2. Until 1981 the August Kranti Maidan (now called "the said maidan") was by the Municipal Corporation of Greater Bombay (the 1st respondent) to be used every year for a fair. The residents of buildings surrounding the said maidan complained. They were assured by the Corporation that it would not be permitted to be so used any more. In September 1985 the Maharashtra Rural Games Association (the 4th respondent) was permitted by the Corporation to hold what it termed a sports festival on the said maidan. It was noted from the advertisement that the Association issued that it was likely to be more in the nature of a commercial exhibition. Upon protests, the permission given to the Association was revoked by the Corporation. The Association filed a writ petition in this Court (being O.O.C.J. Writ Petition No. 2093 of 1985) challenging the revocation on the ground that no hearing had been given to it. A stay order was obtained but, in October 1985, the permission given to the Association lapsed. Since the Association did not vacate the said maidan, some residents of buildings surrounding the said maidan filed this writ petition. It seeks a direction that the Corporation should evict the Association from the said maidan and the wider prayer that the Corporation should be restrained from giving permission for the holding of any functions, programmes, exhibitions, erections, festivals, carnivals or fairs on the said maidan or allowing it to be used for commercial purposes. On 8th November, 1981 an ad interim order was passed whereby the Corporation was directed to remove the Association from the said maidan and it was restrained from giving permission for the purposes aforestated.

3. The Association has not displayed any interest in this petition after the passing of the ad interim order. The petition survives in respect of the wider prayer that is sought.

4. The Dada, learned Counsel for the petitioners, drew my attention to the existing and proposed Development Plans, where on the said maidan is shown shaded in green along with other playgrounds, recreation grounds, parks, gardens, welfare centres, swimming pools and reservoirs. Mr. Dada referred to the relevant provisions of the Maharashtra Regional and Town Planning Act, 1966, section 22(c) thereof requires that a Development Plan shall generally indicate the manner in which the use of the land covered thereby shall be regulated. In particular, it shall provide, so far as may be necessary, for, inter alia, proposals for designation of areas for open spaces, play-grounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies. By reason of section 31(6), the Final Development Plan is binding on the Corporation. Under the provisions of section 42 it is the duty of the Corporation to take such steps as necessary to carry out the provisions of the Development Plan.

5. In (Municipal Corporation for Greater Bombay v. The Advance Builder (India) Pvt. Ltd.)1, A.I.R. 1972 S.C. 793, the Supreme Court observed that since development and planning was primarily for the benefit of the public, the Corporation was under an obligation to perform its duty, in accordance with the provisions of the Town Planning Act.

6. To the affidavit filed on behalf of the Corporation a circular dated 10th April, 1981 is annexed. The circular directs the Corporation's Ward Officers not to allow the use of the Municipal playgrounds for holding fairs, exhibition or similar other purposes. It also directs that permission for the use of playgrounds other than the one stated in the first enclosure hereto should not be given. The first enclosure lists 41 playgrounds, including the August Kranti Maidan, and gives the square area of each. There are playgrounds having areas as small as 930 sq. meters and there i

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