Conversion of ponds into park
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
Sir,
In my locality a ponds existings since years together dried up & rendered useless as such.Gradually it became dumping place for all kind of waste & for defecating>People of my locality approached Municipality,who filled it in with thousands of tipper load of debris etc.When it was plane,a group of "khairati biradari' became greedy & wanted to construct a market place at this place & sued Municipality for permanent injunction telling the Court that their forefathers had left this space but now they want to bring it to their own use.We passed a resolution & applied for being joined as a party against the ppl of Khairati biradari.What relief can we have ?
Advocate Rajkumarlaxman
(Expert) 19 October 2011
the story told by you has to brought in front of court on records with proofs as you are party to the proceedings. you may get orders in your favours. file for interim injunction against those Khairati Biradari.
Devajyoti Barman
(Expert) 19 October 2011
Filing a Writ would have yielded better results.
prabhakar singh
(Expert) 20 October 2011
Let other interested people like you file a writ in the High Court if in the suit pending
no publication under order 1 rule 10 CPC has been caused to be published by the court.
Querist :
Anonymous
(Querist) 20 October 2011
Agree with Xperts'opinion.Plz refer to these judgments in support of your cause as I could lay hand on these few & requests friends find more support for the PUBLIC CAUSE:
AIR 1974 SC 2177;
AIR 1991 SC 1902;
AIR 1965 SC 1147;
AIR 1993 SC 2313;****PARA 12=S.2(13)
1998 KLJ 252
Hey,Go ahead.Even PIL will help.
Friend at this forum belong to various/different states.If they come by some appropriate judgment,please do refer or other help for Public Interest & saving from avarice materialistic community people.Regards to all.
ajay sethi
(Expert) 20 October 2011
re cently in mumbai one MLA through his MLA funds helped develop a garden on site wherein there was a pond earlier .
some citizens filed writ in bombay high court chhalenging action of muncipal corporation in filling the pond and building a garden .
the court directed that pond be restored to its earlier state and garden be demolished
ajay sethi
(Expert) 20 October 2011
BJP 'disagrees' with ruling by high court over pond at Borivli
Viju B, TNN Feb 23, 2011, 05.32am ISTMUMBAI: The BJP seems to disagree with a Bombay HC order to preserve a holding pond in Borivli. A board put up by its party legislator Gopal Shetty near the reclaimed pond stated that they have won a PIL against the construction of a children's park there.
The HC, while hearing the PIL on February 2, said the 3,381-sq m pond "can be restored to its original position and attempts should have been made to put the lake in its original position". Environmentalists have been fighting against the brazen manner in which it was reclaimed when a huge park adjacent to it had come up in a similar manner two-and-a-half years ago
Querist :
Anonymous
(Querist) 20 October 2011
This is the text of a latest SC Judgment reported in 2011 (6) SUPREME 485:
16. The view taken by us on the legality of order dated 30.3.2010 finds support from the judgment of this Court in Bangalore Medical Trust v. B.S. Muddappa (1991) 4 SCC 54. In that case, allotment of land, which was shown as open space in the sanctioned development plan, for construction of a nursing home was challenged on the ground that the State Government and the Bangalore Development Authority did not have the jurisdiction to make such allotment. The learned Single Judge negatived the challenge but the Division Bench allowed the appeal and quashed the allotment. The judgment of the Division Bench was approved by this Court. R.M. Sahai, J., who delivered the main judgment highlighted the importance of reservation of land for the public park in a development plan and adversely commented upon use thereof for construction of nursing home in the following words:
‘Public park as a place reserved for beauty and recreation was developed in 19th and 20th century and is associated with growth of the concept of equality and recognition of importance of common man. Earlier it was a prerogative of the aristocracy and the affluent either as a result of royal grant or as a place reserved for private pleasure. Free and healthy air in beautiful surroundings was privilege of few. But now it is a, `gift from people to themselves'. Its importance has multiplied with emphasis on environment and pollution. In modern planning and development it occupies an important place in social ecology. A private nursing home on the other hand is essentially a commercial venture, a profit oriented industry. Service may be its motto but earning is the objective. Its utility may not be undermined but a park is a necessity not a mere amenity. A private nursing home cannot be a substitute for a public park. No town planner would prepare a blueprint without reserving space for it. Emphasis on open air and greenery has multiplied and the city or town planning or development Acts of different States require even private house owners to leave open space in front and back for lawn and fresh air. In 1984 the B.D. Act itself provided for reservation of not less than 15 per cent of the total area of the layout in a development scheme for public parks and playgrounds the sale and disposition of which is prohibited under Section 38-A of the Act. Absence of open space and public park, in present day when urbanisation is on increase, rural exodus is on large scale and congested areas are coming up rapidly, may give rise to health hazard. May be that it may be taken care of by a nursing home. But it is axiomatic that prevention is better than cure. What is lost by removal of a park cannot be gained by establishment of a nursing home. To say, therefore, that by conversion of a site reserved for low lying park into a private nursing home social welfare was being promoted was being oblivious of true character of the two and their utility.”
T.K. Thommen, J., who agreed
