1. This writ petition has been filed in the garb of Public Interest Litigation (hereinafter referred to as 'PIL') alleging that private respondents 5 to 7 have encroached upon a public Park by raising certain construction which is causing obstruction in functioning of Ram Leela from time to time and, therefore, direction be issued to respondents to remove aforesaid encroachment and demolish construction so that petitioner may perform 'Ram Leela' every year.

2. Following prayers have been made by petitioners :-

(a) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to restrain the private respondents not to change the nature of public park either by raising construction or alienating the same.

(b) Issue such any other writ or order in the nature of mandamus directing and commanding the respondents to demolish the illegal construction made over the Aarazi of park and garbage from the park may be removed forthwith and petitioner may be allowed to performed Ram Lila in the park year by year without any impediment."

3. Though, petitioner has attempted to term this petition a PIL alleging that there is an encroachment on a public Park but in effect it is enforcing personal rights also since a writ of mandamus has also been sought directing respondents to allow petitioner to perform 'Ram Leela' in the Park in question, regularly and without any hindrance and impediment.

4. So far as preservation and maintenance of Park is concerned, there is no doubt that Authorities are bound to preserve and maintain Public Parks and to ensure that there should not be any encroachment, collection of garbage etc. There should be nothing to which may hinder use of place as Park by public at large. This is applicable not only for Public Parks but Playgrounds and Open Spaces also.

5. Uttar Pradesh legislature has taken care of these places vide "The Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation), 1975 (hereinafter referred to 'U.P. Act, 1975') which received assent of President on 28.10.1975 and published in U.P. Gazette, (Extraordinary) on 28.10.1975.

6. "Public Parks", "Playgrounds" and "Open Spaces" are defined in U.P. Act, 1975 in Section 2 (a), (b) and (c) of U.P. Act, 1975, which read as under :-

"2(a) "open space" means any land (whether enclosed or not), belonging to the State Government or any local authority, on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and whole or the remainder of which is used for purposes of recreation, air or light;

(b) "park" means a piece of land on which there are no buildings of which not more than one-twentieth part is covered with or buildings, and the whole or the remainder of which is laid out as a garden with trees, plants or flower-beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light;

(c) "playground" means a piece of land adapted for the purpose of play, game or sport and used by any educational institution or club or other association;"

7. Section 3 of U.P. Act, 1975 requires maintenance of list with plans and maps of all Parks, Playgrounds and Open Spaces in such areas, prepared and published by such Authorities within such time and in such a manner as may be prescribed and variation in the list is permitted by Sections 4 and 5 of U.P. Act, 1975 respectively. Then, nature of statutory obligation, with regard to preservation and regulation of Parks, Playgrounds and Open Space are provided.

8. Sections 5, 6, 7 and 8 of U.P. Act, 1974, read as under :-

"5. Variation or revocation of list - (1) The State Government may at any time, either suo motu, or at the instance of a local authority, or of any person interested, add to, vary or revoke a list approved under Section 3 or revised under Section 4.

(2) Before making any such addition, variation or revocation, the State Government shall publish, in the prescribed manner,