Land Reserved For Public Park Not To Be Used For Commercial Purposes Like Marriages/ Parties: Rajasthan High Court

A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "It is hereby directed that the respondent No.2 Municipal Corporation, Jodhpur shall ensure that the land in question shall be strictly used as a public park and no deviation shall be permitted in this regard. No commercial activities viz. marriages/ parties, etc. shall be allowed thereupon".

The present plea was filed seeking direction to the authorities to prevent the use of public park in question for any private purpose including use as Marriage Hall or as a cattle ranch. It also prayed to prevent/stop any illegal construction in the said public park which is indisputably public land and demolish the illegal construction already raised.

In addition to this, the petition prayed for a direction from the court to the Municipal Corporation to ensure proper development and maintenance of the public park in question, keeping in mind the battle against Covid-19.

The court while disposing the plea, observed, "The Municipal Corporation shall develop the park by tree plantation and by planting lawn, etc. therein. The Municipal Corporation shall also install open air gym equipments in the park so that the residents of the locality can use the same for their health benefits".

Relying on Gulab Kothari Vs. State of Rajasthan [D.B. Civil Writ Petition No.1554/2004], the petitioner had contended that the land reserved for public park is being put to other commercial uses viz. marriages parties, etc. in contravention of the directions given by this Court. He further submitted that unauthorised constructions have been raised on the land in question and hence, the same should be ordered to be demolished.

In their reply, respondents admitted the existence of the concerned park. Respondents further stated that a hall was constructed by the Jodhpur Development Authority on a piece of land adjoining the park whereas, the first floor was constructed by the Municipal Corporation with some public toilets/ urinals.

In their reply, respondents added that the construction was raised 3-4 years ago and assured that no further construction activities shall be undertaken in the land of park.

Previously on 26 Aug, 2021, the Madhya Pradesh High Court had directed the demolition of a Community Hall constructed in a park upholding the importance of open spaces of land as a buffer zone for ecological balance. A Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla observed,

"Once a Public Park is dedicated to citizens/residents, it is held by the Municipality in trust on behalf of the public at large and cannot be put to any other use. Change of its use for any other purpose by Municipal body would tantamount to breach of trust."

It also directed that the said space should always be maintained only as a Park and shall not be allowed to use for any other purpose.

Case Title: Suresh Thanvi v. State Of Rajasthan and Ors.

Citation: 2022 LiveLaw (Raj) 18

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