Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: While considering a public interest litigation (PIL) where it was contended that all activities carried out at Janeshwar Mishra Park including Janeshwar Greens were done so by the Lucknow Development Authority (LDA) and not by the Nagar Nigam, the Division Bench of Rajan Roy and Abdhesh Kumar Chaudhary, JJ., directed that all parks, playgrounds and open spaces throughout the State of U.P. to be included in Section 3 list of Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 (UP Parks Act).
Complying with the Court’s previous orders, LDA stated that Janeshwar Mishra Park, Lucknow was not included in the list of parks referred to in the UP Parks Act.
The Court stated that it was surprised at the non-inclusion in the said list. The Court further stated that the very object of promulgation of UP Parks Act as was evident from its long title was to provide for the preservation and regulation of parks, playgrounds and open spaces in UP. The Court emphasised that the object behind Sections 3(1), 4, 5 and 6, UP Parks Act and Rules 2(1)(c), (d), 3(1), 4 and 5, Uttar Pradesh Parks, Playgrounds and Open Spaces (Regulation and Control) Rules, 2005 (U.P. Park Rules) is to preserve and regulate parks, playgrounds and open spaces for obvious reasons. The UP Parks Act not only applies to those parks, playgrounds and open spaces which were in existence prior to 1975 but even to those which have come into existence subsequently and, the UP Parks Act and UP Park Rules have to be understood and applied, accordingly, so that the object sought to be achieved is not frustrated by taking a pedantic view of the matter.
The Court directed the local body/prescribed authorities to conduct a survey of all parks, playgrounds and open spaces within the municipal limits of Lucknow which are liable to be included in the list referred in Section 3, UP Park Act read with corresponding UP Park Rules and then take a decision in terms of Section 3, UP Park Act and the Rules made thereunder to include such parks, playgrounds and open spaces including the Janeshwar Mishra Park unless it has already been included and the statement on behalf of the LDA in this regard, is incorrect.
The Court expanded the scope of the present case so as to include all parks, playgrounds and open spaces throughout the State of U.P. which were not yet included in the said list. The Court directed the Divisional Commissioners of all the eighteen divisions and the District Magistrates of all the districts of the State of U.P. to conduct a similar exercise for inclusion of parks, playgrounds and open spaces in the list, throughout the State of U.P. Further, the Court directed the State Government to ensure that such an exercise takes place as ordered.
Further, the Court directed LDA to reconsider the use of Janeshwar Mishra Park for activities other than for which parks, playgrounds and open spaces were used, especially for commercial activities taking into consideration that large number of birds and other species were naturally residing therein which might get affected by such activity inside the park, which could otherwise also have an adverse environmental impact.
[Dharampal Yadav v. State of U.P., 2026 SCC OnLine All 570, decided on 24-2-2026]
Advocates who appeared in this case:
For the Petitioner: Vatsaly Srivastava and Manoj Kumar, Advocates
For the Respondent: C.S.C., Namit Sharma, Ratnesh Chandra, Savitra Vardhan Singh, Advocates