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| HC directs to use Parade Ground only for sports activities | | | Jammu, Nov 13 : A high court division bench of Chief Justice M M Kumar and Justice Tashi Rabstan today directed that Parade Ground in the heart of the city be only used for sports activities.
The court directive came in a PIL filed by Shambu Nath, then vice-chairman J&K Cricket Association and Laxmi Cricket Club, Jammu. In the PIL, they have sought direction to respondents for not using Parade Play Ground as a parking area or for any non-sports activity by the general public and government officials.The court took a serious note of using the play ground for other purposes and directed that it should not be used for any other purpose except for sport activities. The use of the play ground during Diwali for sale of crackers is wholly unwarranted and is impermissible. If the play ground is to be used for any purpose other than the one pertaining to sports, prior permission from this court shall be obtained, the bench directed.
After hearing the two sides, the court directed that the play ground in question would be used for the purpose it had been earmarked. As a mater of fact, all the play grounds in the city of Jammu whether old or new would be maintained as such. Even roundabouts and the central area provided in certain markets, which are accessible to public would also be maintained as open spaces.The court said that the grievance of the petitioner, that mulba had been dumped in the park and this was an encroachment, would be taken note of and this would be removed. Malba would not only be removed from the park/parks but also would be removed from other public paths, it directed. The practice of placing refuse collection on public highways would also be discontinued. This obstructs free movement of traffic and is a security hazard also. That there is mixed feeling that municipality officials permit people to encroach upon public paths, public streets and thereafter soft measures are taken. The administration shall take steps with a view to dispel this impression. The exercise would be undertaken with a view to mark the area abutting the streets and public streets, which vest in the state or municipality. This boundary would be indicated by red markings. Thereafter, any encroachment beyond this red line would be taken care of by the municipal staff and the officials found remiss in performing their duty would be liable for action under section 188 of the Penal Code, the bench directed. What was said by Supreme Court in the case of Municipal Council, Ratlam V/s Vardhichand and others, AIR 1980 SC 1622 would be attracted. Para 23 (5) says: "We have no hesitation in holding that if these directions are not complied with the Sub-Division Magistrate will prosecute the officers responsible. Indeed, this Court will also consider action to punish for contempt in case of report by the Sub-Division Magistrate of willful breach by any officer." With a view to provide a clean environment, Jammu Municipal Corporation shall take steps to plant trees on the boundary of play grounds. The coming rainy season would be the ideal season for this. This would help in the removal of air pollution. The management shall remain with the municipality and it shall discharge the trust reposed in it to the best of its ability. If financial assistance is required, it can seek it from the state and also from the public sector undertakings which are equally keen to meet some of the social commitments and disposed of the that PIL.On the basis of statement made by the counsel of JMC Commissioner in the court, the bench observed the play ground is used for sale of crackers during Diwali for a few days and otherwise, it is maintained as a play ground. In that regard, he has invited our attention to the stand taken by JMC in the objections. According to the JMC stand, the play ground is also known as mini-stadium which is supported by walls on all the sides. It has two portions, lower as well as upper. The lower portion has one gate, whereas the upper portion has two gates. The gate of the lower portion ordinarily remains closed and there is no entry of vehicles in that portion of the ground. One of the aforesaid two gates of the upper ground remain open. The vehicles enter from the second gate which has now been closed to prevent the entry of any vehicle. The police assistance has also been taken to prevent any unpleasant incident. Even a notice has been published in the newspaper informing the public at large and government departments in particular not to park their vehicles at Parade Ground and any person found violating the directions is to be held liable for action under law and would also be responsible for the loss, if any in executing the directions. Upon this, the bench directed that the comprehensive directions issued by this court would continue to be in operation and the same shall remain binding on the respondents. The court directed that the play ground should not be used for any other purpose except for sports activities. The use of the play ground during Diwali for sale of crackers is wholly unwarranted and is impermissible. If the play ground is to be used for any purpose other than the one pertaining to sports, prior permission from this court shall be obtained. If there is any violation of the directions issued today, the same shall be considered as Contempt of Court and appropriate proceedings shall be initiated, the court directed. |
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