Municipal authorities have a duty to act as trustees for the benefit of the residents of the city and cannot use open spaces for purposes other than those contemplated by the relevant statutes.

( 1 ) ALL Indian Cities like Jupiter are perpetually enveloped in thick dusty and gaseous substances. The movement of trucks buses, mini-buses, tempos and other vehicles using petrol, diesel mixed with kerosene emit fumes make a dull blue hue polluting the environmental surroundings. The intensity of this inereases as the day advances and it is maximum by the time sun sets in. When seen in electric light, it gives an impression that one is surrounded by fog or mist depending upon the season. These gaseous substances to a naked eye would seem to consist of dust and smoke but on chemical analysis it would become apparent that it contains poisonous gases and other contents which would have disastrous effect and as a matter of fact, is having on the inhabitants living in these cities. These gaseous substances can be invisible carbon monoxide which is produced by petrol vehicles. Diesel operated vehicle produces carbon-dioxide which can be neutralised by green forests which forest cover is shrinking day by day. Clear blue sky is visible only for a few days after heavy rain pour. To add to the problems of an ordinary citizes, roads are full of pot holes. Survival kit is required to escape the ghastly fumes and murderous pot holes. The streets are narrow. In between the road and foot-paths, there is an over-flowing drain which is an open breeding ground for mosquitoes. Citizens weaken by the poisionous gases fall easy prey to bacterial diseases. Not only this, the footpaths are covered by temporary and permanent encroachments. Open drains stinks. If one ventures to get into other crowded areas then one is reminded of the picture of Bombay (Mumbai) which was depicted by the then the Chief Justice of India, in Olga Tellis v. Bomhay Municipal Corporation, AIR 1986 SC 180 wherein it was pointed out that `those who have made pavements their homes exist in the midst of filth and squalor which has to be seen to be believed. Rabid dogs in search of stinking meat and cats in search of hungry rats keep them company. They cook and sleep where they ease, for no conveniences are available to them. Their daughters come of age bathe under the nosy gaze of passers by, unmindful of the feminine sense of bashfulness. ( 2 ) IT is the case of the petitioner who has moved this public interest litigation that already conjested locality is further sought to be conjested by converting open space into a shopping complex. The open space is a park in between two rows of buildings. It is the case of the petitioner that the Municipal Council, Ambah, District Morena (hereinafter referred to as Municipal Council) wanted to erect a statute in the memory of Maharana Pratap Singh. This is apparent from Annexure- P/ I. This permission was not granted by the State Government. Now the Municipal Council has initiated steps with a view to raise a shopping complex. Photographs of the area have been placed on the record. These are Annexure-s R/5 and R/6. A purusal of these photographs does indicate that open space on a street is sought to be converted into a shopping complex. This, according to the petitioner would lead to obliterating an open space and thus, ecological balance would be disturbed. The Municipal Council, however, submits that nothing of this sort is going to happen.

( 3 ) WE are of the opinion that open space in this case should not be converted into shopping complex. In this regard it would be apt to remind the Municipal Council of its obligations to the citizens.

( 4 ) IN Agins v. City of Tiburon, (1980) 447 (US) 255, the Supreme Court of the United States upheld a zoning Ordinance which prohibited conversion of open space land thereby protecting against the resultant impacts such as pollution, destruction of scenic beauty, disturbance of the ecology and the environment, hazards related to geology, fire and flood and other demonstrated consequences or urban sprawl. Upholding the ordinance, the Court said:"the State of California has determ