The need to balance environmental protection with public services and the egalitarian distribution of resources.

ORDER ANAND PATHAK, J. – The instant petition has been preferred as pro bono publico by the petitioner being crestfallen by the action/inaction of the respondents, specially respondents No. 5 to 7 whereby the park situate at Gast Ka Tajiya Tikoniya Nai Sadak, Gwalior, has been allegedly tried to be uprooted and in its place one electric sub-station/transformer is likely to be installed.

2. Grievance of the petitioner as reflected in the petition is that one park situate over the address referred above has been tried to be uprooted by the respondents whereas this park is an open space in the heart of the city which is being used by the general public to get fresh air and sigh of relief. Earlier in 2014, Municipal Corporation, Gwalior, allowed Inner Wheel Club to adopt the said park to maintain it and since then, club has maintained the said Tikoniya park by undertaking necessary maintenance work.

3. It is the grievance of the petitioner that after lapse of so many years such green stretch is tried to be converted into concrete jungle. Therefore, voice has been raised through instant Public Interest Litigation.

4. Learned counsel for respondents No. 5 and 7 as well as respondent No. 6 filed short return and contested the case on the ground that behind Tikoniya park, a sprawling Shivaji park has come up as park/green stretch in the heart of city which is an alternate open land for public at large. It is the submission of Municipal Corporation as well as Smart City Project that during broadening of road drive, Corporation and Local Administration cleared certain encroachments and construction around and adjoining corner of the road situate at Gast Ka Tajiya and to secure the said triangle from further encroachment, Corporation acceded to the request of the Inner Wheel Club to maintain such corner by putting grass and ornamental plants as the stop-gap measure. This activity was allowed only since year 2014 and prior to it there was no such thing like park at all. Since Shivaji park in the vicinity is already playing role of lungs of city, therefore, Gwalior Smart City Development Corporation Ltd. developed the said park and invested amount of Rs. 1.33 crores (approximately) for its beautification and installing paraphernalia into it.

5. Over the land in question, Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Ltd. is developing 33 kv GIS Sub-Station (Gas based) for 24 hours uninterrupted electricity supply for public at large, therefore, the land in question has been taken for this purpose. Since the area is densified area adjoining the Maharaj Bada and Sarafa Market, therefore, it is the need of the hour to provide better services to the public of the area, and hence, this unit has been intended to be installed. This would strengthen the Sub-Station and Sub-Transmission and distribution network in the area.

6. It is further submitted that other pieces of land as suggested by the petitioner are not of much help for installation and this place is appropriate for commissioning of such Sub-Station and it is a Gas Insulated Switchboard Based Power Sub-Station. Therefore, according to him, instant place is best suited for the project, and therefore, PIL deserves to be dismissed as greater public interest is in the offing.

7. Learned counsel for respondent No. 6/MPMKVV Co. Ltd. also reiterated the submissions and referred the fact that GIS Substation has been planned by the Smart City Corporation and total space required for GIS is only 20 to 25% of that needed for Air Insulated Conventional Sub-station. GIS units are specially being used in urban and environment sensitive areas as they are enclosed in a building and are aesthetically pleasant also. Since no other suitable place was available in the densely populated Lashkar area, therefore, place in question has been decided to be taken for such project of public utility. He also prayed for dismissal of the petition.

8. Heard learned counsel for the parties at length and perused t