A Division Bench of Madhya Pradesh High Court comprising Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla has in the case of Preeti Singh v. The State of Madhya Pradesh and Others directed the demolition of a Community Hall that was constructed in a park upholding the importance of open spaces of land as a buffer zone for ecological balance.
"Such open spaces act as lungs and ventilators for the suffocating growth of population and as rightly observed by the Supreme Court in various judgments from time to time, also add luster and beauty to the township. These open spaces of land have immense importance and utility as a buffer zone for maintaining ecological balance and fulfilling environmental demands. Once a Public Park is dedicated to citizens/residents, it is held by the Municipality in trust on behalf of the public at large and cannot be put to any other use. Change of its use for any other purpose by Municipal body would tantamount to breach of trust.”
Factual Background
This writ petition was filed by the petitioner seeking a direction to the respondents to immediately stop the construction of Community Hall in the land of Public Park of Indira Colony in the city of Burhanpur, with the further prayer that the respondent-State be directed to conduct an inquiry into illegalities committed by one of the Respondents in his functioning as Mayor of the Municipal Corporation, Burhanpur. The petitioner placed on record a few color photographs of the Park showing the unfinished construction of a Hall.
Reasoning and Decision of the Court
1. Provisions for maintaining open spaces for public utility under M.P. Municipalities Act, 1961
The Court observed at the outset that,
“Section 279 of the M.P. Municipalities Act, 1961 requires the Municipal Council to provide places to recreation such as open space, park, playgrounds, commons, swimming tanks and amenities for the use and employment of the people and may frame bye-laws regulating their use. Section 282 of the Act of 1961 provides that the State Government may... notify... any area or areas, to be reserved from a date fixed therein, for use in the future for any special purpose of public utility such a public parks, playgrounds, educational and medical or public health institutions, markets, stands for vehicles and animals, public recreation centres and housing colonies.
Sub-section (2) of Section 282 provides that after such reservation has been noticed, no construction shall take place on any area or areas so declared without the special permission of the State Government in this behalf. The law enunciated by the Supreme Court in the Bangalore Medical Trust (supra) when applied to the facts of the present case, we are clear in our mind that the land left as open space can be used only as Public Park and could not be used for construction of a Community Hall to permanently change its character.”
The Court further noted that,
“It is trite that the environmental factors should weigh heavily with all the local bodies as also with the Courts while construing a town planning statute. While therefore exercising any powers, such authority should ensure that its outcome does not have the effect of marginalizing the ecological considerations. Reservation of the open spaces for parks and playgrounds is a universally recognized legitimate exercise of statutory powers rationally related to the protection of the residents of the locality from the ill effects of urbanization... It is harmonious development with the environment that has given rise to the concept of urban development. Urban development is a process in which though the benefits of development may be derived but efforts should always be made to stay immune from its ill effects.”
2. Change of its use for any other purpose by Municipal body would tantamount to breach of trust
Highlighting the importance and utility buffer zones in maintaining ecological balance and fulfilling environmental demands, the Court observed that,
“Taking a holistic and pragmatic view of the matter and keeping with the salutary principles of law laid down by the Supreme Court in very many cases while interpreting various town planning laws, it is expected from the Government authorities/ respondents that in discharging all their obligations of planning and development of a city, they should give due importance to the provisions envisaged in the Rules and the Act and in doing so, mandatorily adhere to the requirement of sufficient spaces being left open to be used as parks, gardens, playground and recreational grounds for entertainment and health activity by the local residents and especially the children. Such utilities have been broadly categorized as open spaces in the relevant rules. Such open spaces act as lungs and ventilators for the suffocating growth of population and as rightly observed by the Supreme Court in various judgments from time to time, also add luster and beauty to the township. Once a Public Park is dedicated to citizens/residents, it is held by the Municipality in trust on behalf of the public at large and cannot be put to any other use."
Held
“On consideration of the matter in its entirety and taking note of the submissions made by learned counsel for the parties and perusing the colour photographs of the Park showing the unfinished construction of the Hall, it is directed that Hall constructed in the Park shall be demolished and the construction material shall be removed within a period of two months."
Case Details
Case Name: Preeti Singh v. The State of Madhya Pradesh and Others
Case Number: Writ Petition No. 470/2011
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