Lucknow, March 11 The Lucknow bench of the Allahabad High Court has directed divisional commissioners and other authorities to collect details of parks, playgrounds, and open spaces in the state, noting that this exercise has not been properly carried out in over four decades, despite a law mandating it.
The information on parks and other such places is to be entered in a list according to the Uttar Pradesh Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act, 1975.
A bench comprising Justice Rajan Roy and Justice AK Chaudhary has directed the state government to ensure compliance of the law.
"The objective behind such a provision is to preserve and regulate parks, playgrounds, and open spaces for obvious reasons," the bench said in its order dated February 24.
The petitioner had sought restrictions on the commercial use of Janeshwar Mishra Park, Lucknow.
During the hearing, the high court noted that under the law, read with the rules framed thereunder in 2005, it is necessary to collect details of all parks, playgrounds, and open spaces in a list provided in Section 3 and 4 of the Act, adding that this has not been done in all parts of Uttar Pradesh.
"Section 6 of the Act prohibits the use of parks, playgrounds, or open spaces specified in the list published under Section 3 or Section 4 of the Act, except with the prior approval of the prescribed authority, for any purpose other than the purpose for which it was used on the date immediately preceding the date of commencement of the Act," it observed.
The bench has specifically directed the conduct of a survey of parks, playgrounds, or open spaces in Lucknow, including Janeshwar Mishra Park.
The next hearing on the public interest litigation (PIL) filed by Dharampal Yadav was fixed for April 10.