Allahabad High Court Bars New Construction, Restricts Vehicle Movement Inside Prayagraj's Chandra Shekhar Azad Park

The Allahabad High Court has barred any kind of construction activity, whether temporary or permanent, inside Prayagraj's Company Bagh, also known as Chandra Shekhar Azad Park, without the leave of the Court.

The Court has also restricted vehicle movement and parking within the park pending consideration of a Public Interest Litigation (PIL) plea challenging the proposed construction of a new entrance gate for the Museum in the park.

A Bench of Justice Ajit Kumar and Justice Garima Prashad also directed the authorities to ensure that the joggers' track inside the park remains "absolutely maintained and hindrance-free".

However, the bench clarified that the order shall not apply to the movement of vehicles carrying the Governor or any other high dignitary visiting the Museum.

The directions came on a petition filed by Bhupendra Pandey, who alleged that the proposed construction of a new gate for the Museum would adversely affect the protected heritage green park and damage its green spaces and the joggers' track.

Describing Chandra Shekhar Azad Park as the "lungs of Prayagraj city", the petitioner contended that no fresh construction activity should be permitted within the park, relying upon earlier directions issued by the High Court as well as the Supreme Court.

The petitioner further submitted that vehicles were being allowed to enter the park despite an earlier Division Bench judgment directing that neither movement nor parking of vehicles should be permitted inside the park.

Opposing the plea, the Counsel for the Union of India submitted that the High Court had already modified its earlier directions in 2021 and had permitted an opening for the National Museum.

The following para of the 2021 order was referred to by the UOI's counsel:

"…while enriching, protecting and preserving Chandra Shekhar Azad Park (Company Bagh), it is also important to ensure complete use and promotion of national museum. Non-availability of a gate closed is getting the museum off from good number of visitors. Museum, the national repute as such, cannot be permitted to die merely on the count that it is not having adequate opening".

Responding to this, the petitioner's counsel argued that the earlier observations of the Division Bench regarding preservation of the park had remained unconsidered while subsequently permitting an opening of the Museum.

It was further contended that the Museum already has a secured campus and that Gate No. 2 on Kamla Nehru Road, located about 50 metres away from the Museum entrance, provides adequate access.

According to the petitioner, opening another gate barely 30 metres away would be an unnecessary exercise and would create traffic issues outside the park, with no parking facility. It was also argued that the existing gate could be used whenever high dignitaries visit the Museum.

Observing that the matter required consideration, the Bench permitted the impleadment of the Central Museum, Prayagraj, the Union of India, and Amar Shaheed Chandra Shekhar Azad Smriti Udyan, Prayagraj, through their respective authorities, and directed both the Union and the State to obtain instructions before the next date of hearing.

Pending further consideration, the Court ordered that “there will be no movement of vehicle inside the park except that of the Governor or any such other high dignitary who visits the Museum and there will be no parking of any other vehicle at all and no construction activities whether temporary or permanent will be carried out in Chandra Shekhar Azad Park either by Museum or any other authority without leave of this Court. However, the concerned authority of the Azad Park shall ensure that jogger's track inside the park remains absolutely maintained and hindrance free”.

Counsel for Petitioner(s): Esha Chaturvedi, Prajit Chaturvedi

Counsel for Respondent(s): C.S.C., Manoj Kumar Singh