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The Uttarakhand High Court has directed the State Government to complete the identification of parks, playgrounds and open spaces across the State within six months and publish a list of these spaces within three months thereafter, observing that such spaces must be preserved for public use.

A Division Bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay disposed of a public interest litigation concerning the use of the M.P. Inter College playground in Ramnagar, Nainital, directing that the ground shall not be used for any purpose other than sporting activities without prior written permission from the concerned District Magistrate.

The petition was filed by a Ramnagar resident who claimed to be a cricket player and argued that the town's only playground available for sports was being used for commercial activities. The petitioner sought implementation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, applicable in Uttarakhand, including publication of a list of parks and playgrounds with plans and maps. He also sought restoration of the M.P. Inter College ground for sports, and action against alleged anti-social activities, drug peddling and open consumption of liquor on the premises.

Appearing for the Nagar Palika Parishad, Ramnagar, counsel submitted that the lease granted to Mathura Das Prasadi Lal Hindu Inter College had expired in 1995 and that the land had since been vested with the State. The Nagar Palika, as caretaker of State properties, was stated to be entitled to manage the land. Reliance was also placed on Section 7 of the 1975 Act, which requires local authorities to maintain parks, playgrounds and open spaces belonging to or vested in them in a clean and proper condition.

The Court noted that a coordinate Bench had, on November 16, 2022, restrained the College from using the playground for any purpose other than sporting activities.

The matter was also separately listed on an application filed by the Secretary of the Sri Ramleela Committee, Ramnagar, seeking permission to burn Ravana's effigy at the ground for Dussehra on October 20, 2026.

The petitioner submitted that the State had not published the list of parks, playgrounds and open spaces required under the 1975 Act. He argued that the statutory mechanism had become ineffective due to the absence of such a list and that open spaces needed to be preserved for future generations to ensure their physical and mental well-being, especially in light of there being insufficient open spaces in the urban areas.

Taking note of the submissions, the High Court held that “having regard to the facts and circumstances of the case, we dispose of the writ petition with direction to the Secretary, Urban Development, Government of Uttarakhand, to complete the exercise as contemplated in Section 3(1) of the aforesaid Act within six months from date of presentation of certified copy of this Order. Secretary, Urban Development shall publish a list in terms of Section 3(4) of the aforesaid Act within three months thereafter.

During the interregnum, we provide that the open space in question shall not be used for any purpose other than sporting activity, without prior permission in writing from the District Magistrate concerned”.

Hence, directing that the playground in question shall not be used for any purpose other than sporting activities without prior written permission from the concerned District Magistrate, the Sri Ramleela Committee was granted liberty to approach the District Magistrate, Nainital, for permission to conduct the proposed Dussehra event.

The PIL was accordingly disposed of, along with any pending applications.


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