HC: Maintenance of playgrounds, parks is obligation of state govt

The Allahabad High Court has observed that maintenance of parks, playgrounds and open spaces is a statutory obligation of the state government.

The court was hearing a petition challenging alleged conversion of a public park situated at Vijay Nagar, Ghaziabad and seeking removal of encroachments in the park.

The writ petition was filed challenging the action of the state authorities for conversion of public park, situated in front of the house of the petitioner at Vijay Nagar, Ghaziabad, into public parking area, which according to the petitioner, is totally illegal and not permissible under the law.

Disposing of the writ petition filed by Ram Bhajan Singh of Ghaziabad, a division bench comprising justice Abhinava Upadhya and justice Prakash Padia directed that a copy of this judgment be forwarded to the chief secretary of UP, so that he may issue necessary directions in this regard across the state to all concerned authorities.

Elaborating the constitutional aspect, the court said, “Under Article 48A of the Constitution, the state is obliged to endeavour, protect and improve the environment of the country. Right to Life is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution free water and air for full enjoyment of life”. Coming down heavily on the development authorities for neglecting this basic duty, the court observed, “The underlying idea behind the constitution of the development authorities was to accelerate the pace of development and make the town in the state as attractive as possible. It is unfortunate that they sat tight over the development of parks and remained absolutely inactive for years”.

“The same have to be maintained without any encroachment and without the presence of any unauthorised persons therein and in a clean and proper manner. Penal provisions are available in statute and also provisions for enforcement of various duties in respect of parks, playgrounds and open spaces etc”, the court added.