K A WADHWANI Vs. STATE OF U P

JUDGEMENT

(1.) Through this writ petition, which has been preferred under Article 226 of the Constitution of India under the caption "Public Interest Litigation" petitioner Mr. K.A. Wadhwani, who styles himself as a Social Worker, having interest in causes of public, has made the following prayers to this Court :

(2.) The factual matrix, in brief, from which this writ petition arises is as under : There is a public park sanctioned by the Lucknow Development Authority and shown in its Master Plan which is located in front of House No. 3/210, Vishal Khand, Gomti Nagar, Lucknow. The Lucknow Development Authority entered into a contract with a Non Governmental Organisation (N.G.O.) called Harit Prabhat for development of said park vide contract No. 34/A.A.E.M./03 (Parks). The said N.G.O. started development of the park from 27.10.2003 and provided for lawn turf, hedges, decorative, flowering plants and seasonal plants. The petitioner also joined hands with the said N.G.O. In due course of time, the park became one of the best parks in the area where local residents used to come for morning walk and children used it to play. In the month of February, 2004, the petitioner learnt that opposite party No. 8 Mr. Naresh Chaudhary wanted to use the said park for the wedding ceremony of his daughter. Consequently, the petitioner apprised the Secretary of the N.G.O. who wrote a letter to opposite party No. 3 Vice Chairman, Lucknow Development Authority on 3.3.2004, requesting him to prevent opposite party No. 8 Mr. Naresh Chaudhary from using the park for the purpose of wedding. In due course the opposite party No. 8 sent Invitations for the marriage. The petitioner sent a legal notice to opposite party No. 3 on 9.4.2004, through an advocate of this Court mentioning therein the aforesaid facts and averring therein that the Allahabad High Court, Lucknow in P.I.L. Writ Petition No, 2435 (MB) of 2001. Nishatganj Residents Welfare Association v. State, vide its judgment dated 23.12.2003 has passed orders that all developed parks shall be maintained and protected by the Municipal Corporation/ Development Authorities who shall ensure that they are not misused. In the notice it was mentioned that in view of the aforesaid judgment of this Bench Mr. Naresh Chaudhary, opposite party No. 8 be prevented from using/damaging etc. the said park and damages be realised from him. On 9.3.2004, the Officer on Special Duty, Lucknow Development Authority, informed Station Officer, P.S. Gomti Nagar, Lucknow (opposite party No. 7) that, the park should not be used for such functions. Despite this, opposite party No. 8 Mr. Naresh Chaudhary went ahead and performed the marriage of his daughter on 14.3.2004 in the said park, resulting in the park being spoiled, the plants, flowering beds, hedges and boundary wall being damaged. Photographs showing the damage have been annexed as Annexures-8A, B, C and D to the writ petition.

(3.) We have heard Mr. Padam Kirti, counsel for the petitioner, Ms. Tanuja Somwanshi, counsel for opposite party Nos. 1, 2, 6 and 7, Mr. R.K. Chaudhary, counsel for opposite party Nos. 3, 4 and 5 and Mr. Maneesh Kumar, counsel for the opposite party No. 8. We have also perused the counter-affidavits filed by Mr. Rakesh Verma, Officer on Special Duty, Lucknow Development Authority, Lucknow and S.I. Ram Iqbal Singh, Sub-Inspector, P.S. Gomti Nagar, Lucknow.