SHAMSHER MEHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Within the municipal limits of Pithoragarh, there is a historic playground, popularly known as Dev Singh Playground. The Nagar Palika Parishad, Pithoragarh, according to the petitioners, has decided to construct a parking and shopping complex by using land falling within the area of the aforesaid playground. A resolution to the aforesaid effect was passed by the Nagar Palika Parishad, Pithoragarh on 31.08.2009, whereupon tenders were invited for the construction of car parking and shopping complex. It is the pointed case of the learned counsel for the petitioners, that the aforesaid car parking and shopping complex would encroach upon the existing area of Dev Singh Playground. It is in the aforesaid background, that the petitioners approached this Court pro bono publico by filing the instant writ petition to prevent the Nagar Palika Parishad, Pithoragarh from carrying out the aforesaid activity, which would destroy the sanctity of the playground. It is the pointed contention of the learned counsel for the petitioners, that the construction activity proposed at the hands of the Nagar Palika Parishad, Pithoragarh has been opposed by the Bar Association of Pithoragarh, members of the Vyapar Mandal, Pithoragarh, members of the Gram Pradhan Sangathan and representatives of the Samajwadi Party. Being the only playground, the petitioners feel that the destruction thereof resulting out of the construction proposed by the Nagar Palika Parishad, Pithoragarh would deprive the residents of the area of a playing field, which will eventually affect the children, who need an open space to carry out their physical activities. It is submitted, that the playground in the past has been used to conduct tournaments and other sports activities. The playground has also been used for public meetings where well-known dignitaries and political leaders have been addressing the residents of Pithoragarh.

(2.) Being satisfied with the assertions made at the hands of the petitioners, an interim order was passed by this Court on 07.04.2010. It is necessary to extract the relevant portion of the aforesaid order. The same is accordingly reproduced hereunder:

(3.) The only issue agitated by the petitioners before this Court was, that the construction activity would reduce the area of the playground, and as such, the same will be detrimental to the interest of the sporting activity being carried out hithertobefore on the premises of the Dev Singh Playground.