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India: Parks Being Used for Other Purposes is Breach of Trust, MP High Court: Parks Being Used for Other Purposes is Breach of Trust, MP High Court

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

91

PARKS, INDIA, HIGH COURT

As a writ petition against repurposing a community park for construction purposes, the Madhya Pradesh High Court has decided against the State action terming it a breach of trust since this was already demarcated as a park or an ecological buffer zone for the people and the same being repurposed would amount to breach of trust. A writ case was filed by an advocate requesting that the construction of a Community Hall be halted on the site of a Public Park in a Burhanpur residential colony. It also demanded an investigation of the Mayor of the Municipal Corporation of Burhanpur's illegal actions. Previously, upon issuing notices, the Court had prevented the respondents from proceeding with any further construction until further orders were issued. "Such open spaces act as lungs and ventilators for the suffocating growth of population," the Court stated. However, the same seems to have not been respected by the respondents. Environmental factors need to be given preference while interpreting laws relating to town planning and related factors, the court observed.

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