HC quashes NMC tender to appoint operator for Traffic Park mgmt
   Date :09-Sep-2020

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Staff Reporter :
 
■ Parks, gardens are lungs of city, protect them at all costs: HC
 
 
PARKS, open spaces and gardens are lungs of the locality and their preservation is necessary for better, inclusive and meaningful urban life, opined Nagpur bench of Bombay High Court while strongly deprecating the commercial use of green lungs. Giving a clarion call to citizens and civic agencies to nurture and protect open spaces for parks and playgrounds, the High Court made it clear that these spaces can not be sacrificed by leasing or selling them to private persons to make quick bucks. Quashing the tender floated by Nagpur Municipal Corporation to appoint an operator to manage the Traffic Park at Bhagwaghar Layout and permitting him to undertake certain commercial activities, the High Court directed NMC to strictly use all open spaces as per Development Control reservations.
 
A division bench consisting of Justice Sunil Shukre and Justice Anil Kilor while pronouncing the order on a PIL filed by Citizens Action Guild, representing residents of Dharampeth area, also rejected the feeble justification offered by NMC to restrict gaming and cultural zones only for children while setting aside the tender notice dated July 10, 2020.
 
“There is no doubt that if the park is used for commercial purposes, it may frustrate the purpose for which the said open space has been reserved in the final development plan,” the High Court noted while strongly recommending protection and preservation of all open spaces. The ruling authored by Justice Anil Kilor also cited a celebrated judgement of the apex court describing open spaces as “gift of people to themselves” and reiterated that “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.”
 
Expressing concern over fast depleting green zones, increasing pollution, shrinking open spaces due to population pressure, the High Court stressed the need to maintain parks and recreation facilities which “are incredibly important for a healthy, vibrant community” and are considered to be a tangible reflection of the quality of life in a given community. “We must treat natural resources as assets which must be handed over to posterity with increased value and not in their impaired value,” the High Court noted while upholding contention of the PIL petitioners against commercialisation of Traffic Park.
 
The High Court while quoting a speech of British Minister of 1913 about the need to maintain more greenery, recreational spaces in urban areas, asked Town Planning Officers to keep in mind these cardinal guidelines while granting sanction to any scheme. Senior Counsel Anil Mardikar and Adv Tushar Mandlekar appeared for the petitioner CAG. Adv Jaimini Kasat represented NMC.