Bombay High Court
Santaram A. Tarale vs The State Of Maharashtra And Ors on 4 February, 2020
Author: R.I. Chagla
Bench: S.C. Dharmadhikari, R.I. Chagla
901.ASPIL9.11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 9 OF 2011
Santaram A. Tarale ... Petitioner
Vs
1 The State of Maharashtra & Ors. ... Respondents
Ms. Disha Shah i/b Bhave & Co. for the Petitioner.
Mr. Purshottam Chavan for the Intervenor.
Mr. B.V. Samant, AGP, for the Respondent Nos.1 & 2 - State.
Mr. R.S. Khadapkar for the Respondent No.3 - PMC.
Mr. S.S. Kanetkar for the Respondent Nos.4 and 5.
CORAM : S.C. DHARMADHIKARI &
R.I. CHAGLA, JJ.
TUESDAY, 04TH FEBRUARY, 2020 P.C. :
1 The affidavit-in-reply is tendered by Mr. Khadapkar.
This affidavit is affirmed by the Additional Municipal Commissioner (General) of the Municipal Corporation of the City of Pune.
2 Though this affidavit informs or purports to inform us SRP 1/5 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:01 :::
901.ASPIL9.11.doc in paragraph 1 sub-para (ii) that as per the Development Plan sanctioned till the date of filing of this affidavit for the city of Pune, there are 110 gardens and parks reservation and out of these, the Municipal Corporation has managed to develop 84 gardens. Exhibit-1A is the list of the gardens purportedly open to public.
3 There are stated to be public gardens, but some of which are proposed and not yet developed. Thus, there is a reservation of plots or lands earmarked for gardens / public gardens, but some gardens are yet to be developed. As far as the nomenclature and the label attached, prima facie, it is misleading because there is a difference between 'garden' and 'park'. 4 Park means area of open land for recreational use by the public. It also means area of land around a large country- house. A garden means a piece of land for growing flowers, fruits or vegetables as also an ornamental park. However, both words do not mean one and the same thing. One could be overlapping the other, but if the identification in the Development Control Regulations is similar or common, then, which of these SRP 2/5 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:01 :::
901.ASPIL9.11.doc plots are gardens and which of them are parks ought to be clarified. Secondly, we have seen the nomenclature and labels attached to these gardens such as 'Baal Udyaan' and "Naana- Naani Park'. We do not know whether these are accessible to the public at large or earmarked for use by only senior citizens/children. For instance, at Girgaum Chowpatty, Mumbai, there is a Naana Naani Park. After sunrise, it is open, but can be visited and accessed only by senior citizens. Throughout the day, it is closed and it opens in the evening prior to sunset and is open till 7:30 p.m. in the evening. Yet again, it cannot be accessed by those visiting Girgaum Chowpatty, whether with family or otherwise, if they are not senior citizens. Therefore, these cannot be included in the list of gardens. Prima facie, therefore, the affidavit fails to satisfy and fully answer our queries raised on the previous occasion. Further, the Municipal Corporation says that there are 116 gardens which are accessible to the general public, including children and senior citizens. Now, these are developed on plots available as amenity space, open space, Government and Pune Municipal Corporation land. Once again, with great respect, these amenity and open spaces could be in a private layout and, therefore, the gardens or spaces kept open in these layouts are SRP 3/5 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:01 :::
901.ASPIL9.11.doc not accessible to the public at large. They cannot be equated with gardens, much less, public gardens.
4 We would, therefore, request the advocate for the public interest petitioner together with the public interest litigant and Mr. Kanetkar to inform the Court on the next occasion as to whether this affidavit complies with requirements stipulated in the Maharashtra Regional & Town Planning Act which defines the word "amenity" as distinctly understanding a playground, park etc. Further, whether the Development Control Regulations for Pune City contemplate such differentiation and whether reservations of this nature are distinctly understood by private property owners, the public at large and the Municipal officials. Then, we would have the exact figure of the gardens available for public within the City of Pune and its outskirts, but in Pune Municipal Corporation limits. The Additional Municipal Commissioner should understand that Pune, like Mumbai, has a stream of visitors. There is a floating population whether in tourist season or otherwise. Further, it is an educational hub and developed as such or proposed to be developed as such. Therefore, the youth, together with children would require SRP 4/5 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:01 :::
901.ASPIL9.11.doc enough open spaces located in private layouts or their offices or varsity campus or college premises. They should be accessible to those who are not admitted to such educational institutions or not a part or parcel of it, but are members of public. There are excursions and there are educational trips to Pune City regularly from the adjoining Districts or from other parts of the State and country. Such endeavours would require enough gardens for public to spend their time even during the day. 5 At the request of the petitioner's advocate and also to enable Mr. Khadapkar and Mr. Kanetkar to respond, we place this matter on 2nd March, 2020. It shall be listed on the Supplementary Board.
R.I. CHAGLA, J. S.C. DHARMADHIKARI, J. SRP 5/5 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:01 :::