The High Court of Uttarakhand has directed the State Government to initiate a comprehensive exercise to identify and formally list all parks, playgrounds, and open spaces across urban centers within the next six months. This ruling, delivered by a Division Bench comprising Acting Chief Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay, mandates that the state administration must publish a complete list of these protected spaces within three months after the identification process is finalized. The court’s decision serves as a significant intervention aimed at preserving essential public infrastructure for recreational and sporting activities, emphasizing the state's statutory obligation to protect these areas for current and future generations.

The legal proceedings were initiated through a Public Interest Litigation (PIL) filed by Shadab Ul Haq, a resident of Ramnagar in District Nainital and an active sportsman who has participated in various cricket championships, including the C.K. Naidu National Cricket Trophy and the Uttarakhand Premier League. The petition challenged the systemic neglect of sports grounds, specifically highlighting the transformation of the M.P. Inter College (M.P.I.C.) sports ground in Ramnagar into a venue for commercial fun-fairs and other non-sporting activities. The petitioner contended that such commercial exploitation of public property directly contravened the spirit of urban planning and deprived the youth of the town of their only viable space for physical exercise and athletic development.

The crux of the matter revolves around the implementation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, which remains applicable within the State of Uttarakhand. Under the provisions of this legislation, local authorities are specifically tasked with the duty to ensure that such lands are maintained appropriately. The petitioner argued that the mechanism provided under this Act had become largely ineffective because the state government had failed to publish the mandatory list of parks and playgrounds, which would have provided a legal framework for their regulation, maps, and protection.

During the hearing, counsel for the Nagar Palika Parishad of Ramnagar provided critical clarifications regarding the status of the M.P.I.C. ground. It was submitted that the lease originally granted to the Mathura Das Prasadi Lal Hindu Inter College had expired as far back as 1995. Consequently, the land has since vested in the State, and the municipal council, acting as the caretaker of such public properties, holds the primary responsibility for its management. The court drew attention to Section 7 of the 1975 Act, which underscores the responsibility of the local authority: “The local authority shall maintain in a clean and proper condition all parks, playgrounds and open spaces belonging to or vested in it and included on the list published under Section 3 or Section 4.”

The court expressed concern regarding the dwindling availability of open spaces in urban centers, noting that such areas are vital for the physical and mental wellbeing of the youth. By failing to publish the list as required by the Act, the government had inadvertently allowed public spaces to be diverted for commercial purposes or to fall into a state of neglect. The bench remarked during the proceedings that these spaces must be preserved for the progeny to ensure the continued development of a healthy society.

Beyond the directive for the general survey of open spaces, the court provided specific interim relief regarding the M.P.I.C. ground in Ramnagar. Acknowledging that a co-ordinate bench had previously passed an order on November 16, 2022, restraining the college management from utilizing the ground for any purpose other than sporting activity, the current bench reaffirmed and strengthened these protections. The court ordered that the open space in question shall not be used for any purpose other than sports without prior written permission from the concerned District Magistrate. This directive was issued in response to requests for commercial use of the ground, including an application from the Secretary of the "Sri Ramleela Committee, Ramnagar," who had sought permission to burn an effigy of ‘Ravana’ on the ground during the Dussehra festivities. The court clarified that while such applications may be considered, they must be vetted through the District Magistrate, ensuring that the primary sporting utility of the ground is not compromised.

The petitioner had further requested the court to intervene in ongoing issues regarding the degradation of the ground, citing allegations of anti-social activities, drug peddling, and open consumption of liquor on the premises. While the final order focused on the systemic preservation of the land through statutory compliance, the court's strict regulation of the site’s usage is expected to mitigate these concerns by ensuring the ground remains under the oversight of the civil and municipal administration.

The disposal of the petition does not mark the end of the state’s obligation but rather sets a clear timeline for executive action. The Secretary of the Urban Development Department of the Government of Uttarakhand is now tasked with the responsibility of overseeing the completion of the survey and the subsequent publication of the list within the stipulated nine-month window. This period is expected to witness a significant administrative shift in how public grounds are managed, ensuring that the mandate of the 1975 Act is fulfilled. The writ petition stands disposed of in these terms, with all pending applications, including those seeking temporary permission for non-sporting events, referred to the appropriate district authority to ensure that any usage remains consistent with the court's directive to prioritize sporting activity on designated public lands.