Advocates:
['BRIJESH TIWARI', '', 'RAKESH DUBEY', 'C S C', '', 'PRADEEP KUMAR TRIPATHI', 'ADITYA BHUSHAN SINGHAL']

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AFR

Court No. - 34

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5179 of 2018

Petitioner :- Bajrangpuri Ram Leela Committee

Respondent :- State Of U P And 6 Others

Counsel for Petitioner :- Brijesh Tiwari

Counsel for Respondent :- C.S.C.,Aditya Bhushan Singhal,Pradeep

Kumar Tripathi

Hon'ble Sudhir Agarwal,J.

Hon'ble Rajendra Kumar-IV,J.

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

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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;”

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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