By the Court.—The issue before the Court, in these proceedings which have been instituted in the public interest, relates to the validity of a decision of Kanpur Development Authority (KDA) to construct an underground car parking area for 680 cars in the lower basement with a shopping complex of 150 shops in the upper basement in a portion of Phoolbagh park at Kanpur. Phoolbagh, which is also known as Ganesh Vidhyarthi Udyan consists, inter alia, of King Edward Memorial Hall (KEM Hall) which is managed by the Archaeological Survey of India because of its intrinsic heritage value and historical importance. The challenge is on the ground that the construction of an underground shopping complex and car parking in an area reserved for a park under the Master Plan is unlawful.

2. The project was approved at the 110th Board meeting of KDA which was held on 20 February 2014 and is stated to have been approved at the 280th Board meeting of the Kanpur Nagar Nigam. It is not in dispute that the area around Phoolbagh park is marked by heavy traffic congestion since a crowded market place is situated in close proximity of the park. Though in the counter-affidavit, which has been filed by KDA, it has been stated that the area of Phoolbagh is 40 acres, the tender notice which was issued by KDA for expression of interest notes that Phoolbagh encompasses an area of about 18 acres.

3. The project envisages the construction of an underground multilevel car parking facility of between 7000 to 8000 sq. meters. The project envisages that a shopping complex of 150 shops would be constructed in the upper basement with a facility of providing for the parking of 680 cars in the lower basement, in addition to which, surface parking of 200 cars is to be provided. A terrace garden is envisaged over and around the central area where construction is to be carried out. An agreement has been entered into between KDA and a builder on 5 June 2014. Ramps are to be provided for entry into and exit from the park.

4. The crucial issue, which has to be addressed by the Court in these proceedings, is as to whether the construction of an underground shopping complex in an area which is reserved under the Master Plan as a park would violate the provisions of the Master Plan. At this stage, it does not appear that any survey or study was carried out before a decision was taken to provide an underground shopping complex of 150 shops, on the impact of a shopping complex on the existing state of traffic congestion in the area. The presence of 150 shops is liable to attract a large number of vehicles of persons who visit the shopping complex. Whether this situation would at all alleviate the problem of traffic congestion outside Phoolbagh is a moot point. In our view, it was necessary for KDA to have carried out a thorough study in regard to whether the construction of a shopping complex, albeit in the basement would resolve the basic issue of traffic congestion.

5. Green areas in all metropolitan cities are becoming a rarity and the city of Kanpur is no exception. The Master Plan which has been prepared under the U.P. Urban Planning and Development Act, 1973 has statutory force. Any use, development or construction must necessarily abide by the provisions of the Master Plan and the Zoning Regulations. Every Master Plan is put into place following a detailed statutory procedure. Once it is notified, it has binding force and effect. In the present case, there is nothing on the record to indicate that any study was carried out on the impact of the proposed shopping complex on the preservation of a historical park as a green area. The historical importance of Phoolbagh is not in dispute. The area has been associated with important facets of the freedom movement. This indeed is also stated in the counter-affidavit which has been filed by KDA. Merely because the project has to be self-financed would furnish no justification for the State to deviate from the basic object