HC to BMC: Citizens must get access to open spaces

Amid the hue and cry over city’s open spaces, the Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to ensure citizens are given access to open spaces reserved as public parks. The court has also asked the civic body to monitor how the private entities, who are given the open spaces on lease, are using the plots.

A division bench of Justice Naresh Patil and Justice Rajesh Ketkar heard a Public Interest Litigation filed by Sachin Chavan. The PIL sought directions to the BMC to take over possession of open space measuring up to 19152.4 square meters in Malad.

According to Chavan, the open space in Malad’s posh locality was reserved for a recreational ground; however, the private entity – Venus Cultural Association, which is in possession of the land -has barred the entry of citizens inside the park. The PIL claims that the association is ‘misusing’ the plot for personal gains by running a commercial academy.

Chavan’s advocate also furnished some photographs of the plot in question, to buttress his contentions.

Having heard the arguments, Justice Patil said, “This is seriously not done... this must not at all happen in a plot reserved for public. You (BMC) must ensure that people are given access to public

parks across the city. No citizen can be stopped from entering a public park by such private entities.”

“We have seen cases wherein such private entities misuse the plot which they get on lease from the corporation. They exploit it commercially and restrict entry of the general public in such parks. We direct the BMC to monitor how such entities are using these reserved plots across the city.”

The judges also directed the civic body to spell out the action it propose to initiate against such entities, which bar the entry of the general public in such parks/spaces.

Meanwhile, senior counsel Anil Sakhre informed the judges the BMC has come up with an interim open space policy to regulate any misuse of the 227 open spaces in the city. It may be noted that most of the open spaces are controlled by bigwigs who have either started a cricket or sports association or a gymnasium on such plots.