- (1.) This proceeding in the public interest has been instituted by Nagrik Sanghtan Seva Samiti, an organization formed by the allottees of a residential scheme floated by the Kanpur Development Authority, Kanpur1. The petition relates to a public park, described as Park No 1426, situated in Zone-2, Ward No 48, in 'Y' Block of Kidwai Nagar, Kanpur. The residential scheme was developed by KDA and was handed over to the Nagar Mahapalika (now Nagar Nigam) in 1989 for the purpose of maintenance. However, by a letter dated 24 April 1989, KDA clarified to the Chief Engineer of the Nagar Nigam that the transfer of the residential colony for maintenance would be subject to the condition that the right over the vacant land would remain with KDA.
(2.) The grievance in the petition is that the park has been encroached upon illegally by various persons who started the work of truck and auto repairing and welding. Even a meat shop was situated thereon. On 20 June 2007, the competent authority in KDA informed the petitioners that the park had already been transferred to the Nagar Nigam on 24 April 1989 for maintenance and that the Nagar Nigam would have to be approached for removing the encroachments. On 29 June 2007, a letter was addressed by KDA to the Municipal Commissioner stating that the Nagar Nigam had, without permission of KDA, allowed the construction of shops in the public park and had sold the shops. The letter records that the land use under the scheme was a public park and, hence, the allotment of shops was contrary to the scheme. Several representations were addressed by the petitioners and finding no response, this Court was moved in the present proceedings.
(3.) On 12 January 2015, the Court was informed that the boundary wall of the park had collapsed and a tender had been issued by the Nagar Nigam for its reconstruction and for the restoration of the park. The Court was also informed that the Nagar Nigam had taken steps for the removal of encroachments from within the park. The Municipal Commissioner was directed to file an affidavit in response to the petition dealing also with the grievance that the shops have been unauthorisedly constructed and sold by the Nagar Nigam within the boundaries of the park. Accordingly, an affidavit has been filed by the Municipal Commissioner, in reply to the petition. The affidavit states that in 1988-89, an encroachment drive was carried out by the Nagar Nigam. A Committee was constituted to consider the grievance of the shopkeepers who were displaced in the course of the drive. A report was submitted by the Committee on 9 August 1991 which recommended allotment to the disabled shopkeepers. Pursuant thereto, 91 persons were allotted small plots of land within the boundaries of the park, of whom 48 took possession. The affidavit states that encroachments have been made in the park which was not in a proper condition but they have since been removed. Moreover, the Court was also apprised of the fact that tenders have been invited for the work of restoring the park. The Court was further apprised that the work of the boundary wall has already been completed. The work of restoration, it was stated, would be completed shortly.;