Lucknow: A Lucknow bench of Allahabad high court has directed all the divisional commissioners and other prescribed authorities to include the details of parks, play grounds and open spaces across UP in the list as contemplated under the UP Parks, Play Grounds and Open Spaces (Preservation and Regulation) Act.The bench has directed govt to ensure it is done in compliance of its order. The bench has sought the details of all parks, play grounds and open spaces recorded in the list under the Act and fixed April 10 for the next hearing. A bench of Justice Rajan Roy and Justice AK Chaudhary passed the order on Feb 24 on a PIL filed by Dharampal Yadav. The petitioner had sought restriction on commercial use of Janeshwar Mishra park. In course of hearing, the bench came across that under the Act of 1975, read with rules framed thereunder in 2005, it is necessary to collect details of all parks, play grounds and open spaces and enter the same in the list provided in section 3 and 4 of the Act, but it has not been done till date in regard to entire parks, play grounds and open spaces of UP. The bench added, “The prohibition contained in section 6 of the Act, 1975 apparently will apply on parks which have been included in the list referred in section 3 and 4 of the Act, 1975 after promulgation of the Act, 1975 also.” The bench observed, “Section 6 of the Act, 1975 prohibits the use of parks, playgrounds or open spaces specified in the list published under section 3 or section 4 of the Act, 1975, as the case may be, except with the previous sanction of the prescribed authority, to be used for any purpose other than the purpose for which it was used on the date immediately preceding the date of commencement of the Act, 1975.”The bench has issued directions to conduct survey of the parks, playgrounds or open spaces and especially Janeshwar Mishra park and then take a decision for entering them into the list.
