Using Public Parks For Any Other Purpose Would Amount To Breach Of Trust: Madhya Pradesh HC Directs Demolition Of Community Hall

BACKGROUND OF THE CASE

• In the case of Preeti Singh v. State of Madhya Pradesh, Mrs. Preeti Singh filed a writ petition in the High court, pursuing an immediate stop on the construction of a Community Hall in the City of Burhanpur. The petition also prayed for an enquiry into the Mayor of Municipal Corporation of Burhanpur claiming he has committed illegalities.
• In a previous order, the court had directed no further construction to be made in the park until the court permits for the same.
• It was later noted that there was encroachment in the park by the mayor, in the form of a shed.

RELEVANT LAWS AND CASES CITED

• Section 279 of the M.P. Municipalities Act, 1961- The section requires the Municipal Council to make space for recreational spaces such as parks, and swimming pools.
• Section 282 of the M.P. Municipalities Act of 1961- Provides that the state government can reserve an area for the special purpose of public utility such a public-parks, playgrounds, educational and medical or public health institutions, markets, stands for vehicles and animals, public recreation centres and housing colonies. Once such a notification is issued, no other construction will take place in that area.
• Bangalore Medical Trust Vs. B.S. Muddappa (1991)- The supreme court in this case highlighted the importance of Public Parks and their preservation. It emphasised that the protection of the environment, and open spaces for recreation are essential and are of great public concern. It is vital that these are given due consideration in a development scheme.

COURT’S ORDER

• The court used the provisions of the M.P. Municipalities Act, 1961 as well as Supreme court’s decision in the Bangalore Medical Trust Vs. B.S. Muddappa case along with various other cases to substantiate its order.
• The court said when the development and planning of a city happens, it is the obligation of the government to ensure they adhere to the requirements of sufficient open spaces.
• Once a park is given to the public, the Municipality holds it with the trust of the public, and cannot put it to other use. Doing so, would amount to a breach of trust.
• Further the court said that environmental factors should be given importance when creating statutes that concern town planning. Reserving spaces for open parks and playgrounds relates to protecting citizens “from the ill effects of urbanization”.
• The construction in the area of the park was ordered to be demolished.