- (1.) THE petition has been filed in the public interest by four residents of Moradabad. In the city of Moradabad, the district administration has earmarked a large area admeasuring about 1.5 hectares for the development of what is described as Company Garden in Civil Lines. Over the last decade and more, the condition of the area had deteriorated as a result of which the land had become barren. In 2013, the Municipal Corporation together with the district administration made extensive efforts to restore the Company Garden to its pristine state. A walking path has been constructed and it is not in dispute that some plantation has taken place. A boundary wall has been constructed to ensure the preservation of the public space. However, the area is still to be completely developed into a garden at the present point of time.
(2.) THE district administration is now proposing to hold a Zila Evam Vikas Pradarshani (exhibition -cum -fair). The petitioners have drawn these proceedings under Article 226 of the Constitution seeking an order of restraint against the District Magistrate and the Commissioner from holding the exhibition or granting permission thereto in the precincts of Company Garden. The exhibition is to be held in the last week of May 2014 and would continue for a period of one month.
(3.) THE State Legislature has enacted U.P. Parks, Playgrounds and Open Spaces (Preservation and Regulations) Act, 1975. The expressions 'open space' and 'park' are defined, in clauses (a) and (b) of section 2, as follows: "(a) "open space" means any land (whether enclosed or not), belonging to the State Government or any local authority, on which there are no buildings or of which not more than one -twentieth part is covered with buildings, and whole or the reminder of which is used for purposes of recreation, air or light; (b) "park" means a piece of land on which there are no buildings or of which not more than one -twentieth part is covered with buildings, and the whole of the remainder of which is laid cut as a garden with trees, plants or flower -beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light." Section 3 provides for preparation of a list of parks, playgrounds and open spaces by an authority which is to be notified under the rules made under the Act. Section 6 contains a prohibition on the use of parks, playgrounds and open spaces for any purpose other than the purpose for which it was used on the date immediately preceding the date of commencement of the Act except with the previous sanction of the prescribed authority. Under section 7, the local authority has to maintain all parks, playgrounds and open spaces in a clean and proper condition. Section 8 provides that no person shall without the previous sanction of the prescribed authority construct any building or put up any structure which is likely to affect the utility of the parks, playgrounds or open spaces.;