High Court Directs Authorities to Prevent Encroachment on Parks and Open Grounds

In a significant order aimed at safeguarding public spaces, the High Court has directed that areas designated as parks or open grounds must not be subjected to encroachment or misuse. The Court emphasized that land earmarked for recreational or environmental purposes cannot be diverted for any other use under any circumstances and that authorities are duty-bound to ensure its protection in accordance with the law.

 

The observations were made while hearing a public interest litigation concerning alleged misuse and encroachment of park land in a matter connected to Ghaziabad. The Bench comprising Justice A.S. Tripathi and Justice Kunal Ravi Singh underscored that spaces officially recognized as parks or open fields must remain so and cannot be permitted to serve alternate functions.

 

The Court noted that the public interest petition had been pending since 2013 and that complaints regarding the use of parks for other purposes continued to surface. It observed that such diversion of land defeats the objective of maintaining ecological balance and preserving environmental quality in urban areas. Public parks and open grounds, the Court remarked, play a crucial role in ensuring a healthy environment and must therefore be protected from any form of encroachment or unauthorized activity.

 

During the proceedings, submissions were made seeking a complete prohibition on the use of park or open ground areas for purposes other than those for which they were designated. The plea also called for issuance of clear directives to prevent misuse and ensure that the character of such spaces is maintained.

 

Taking note of these concerns, the Bench directed the petitioner to submit a detailed representation before the concerned authority within two weeks, along with a copy of the Court’s order. The authority has been instructed to examine the representation and pass a reasoned and lawful order in accordance with statutory provisions.

 

The Court further clarified that if a particular area has been officially identified and notified as a park, it must continue to function strictly as a park, and no encroachment or change of land use should be permitted. The ruling reinforces the obligation of civic and development authorities to uphold urban planning norms and protect public spaces for the benefit of residents and future generations.