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16. The Nagpur Improvement Trust Act, 1936, The Maharashtra Regional and Town Planning Act, 1966 and Nagpur City of Corporation Act, made provisions in the interest of the General Welfare of the Community in the preparation and enforcement of the Development Plans. These laws required conducting elaborate survey of the civil needs of the inhabitants, feasibility and practicability of the various land uses and the prospective growth of the City, before demarcating the land for different purposes. Keeping the specific view of the General Welfare of the citizens, the sanctioned development plans of the City of Nagpur, defined the various zones undergoing the manner in which the land in each zone is proposed to be used. The dominant intention of the statutory provisions is to plan for the present and future development of the whole area even by restricting and regulating the ownership rights of the landlords under the common law. The reservation of open space for public parks and play-grounds is a different and separate amenity or convenience from civil amenities. Civil amenities are amongst the Dispensaries, Hospitals, Pathological Laborataries, Maternity Homes and such other amenities as the Government may by notification specify. Amenity is defined under Sub-section (2) of Section 2 of the Maharashtra Regional and Town Planning (Amendment) Act, 1993, as under:

Their Lordships while considering protection of the environment, observed in paras 24, 25, 27 and 28 as follows:
24. Protection of the environment, open spaces for recreation and fresh air, play grounds for children, promenade for the residents, and other conevniences or amenities are matters of great public concern and of vital interest to be taken care of in a development scheme. It is that public interest which is sought to be promoted by the Act by establishing the BDA. The public interest in the reservation and preservation of open spaces for parks and playgrounds cannot be sacrified by leasing or selling such sites to private persons for conversion to some other user. Any such act would be contrary to the legislative intent and inconsistent with the statutory requirements. Furthermore, it would be in direct conflict with the consitutional mandate to ensure that any State action is inspired by the basic values of individual freedom and dignity and addressed to the attainment of a quality of life which makes the guranteed rights a reality for all the citizens.
25. Reservation of open spaces for parks and play grounds is universally recognised as a legitimate exercise of statutory power rationally related to the protection of the residents of the locality from the ill-effects of urbanisation.
26. The statutes in force in India and abroad reserving open spaces for parks and play grounds are the legislative attempt to eliminate the misery of disreputables housing condition caused by urbanisation. Crowded urban areas tend to spread disease, crime and immorality. As stated by the U.S. Supreme Court in Samuel Berman v. Andrew Parker (1954) Law Ed 27 : 348 US 26.

31. A duly approved scheme prepared in accordance with the provisions of the Act, is a legitimate attempt on the part of the Government and the Statutory Authorities to ensure a quiet place free of dust and din where children can run about and the aged and the infirm can rest, breath fresh air and enjoy the beauty of nature. The open space for a public park and recreation place is an essential feature of modern planning and development as it greatly contributes to the improvements of social ecology. The Competent Authorities require to provides, preserve and protect the parks, open lands, sanitation, roads, etc. to maintain the ecological balance with hygienic atmosphere not only to the present residents in the localities but also to the future generation. As observed by Their Lordships of the Supreme Court in para 25, in a case of Bangalore Medical Trust v. S. Muddappa and others , Reservation of open spaces for parks and play grounds is universally recognised as a legitimate exercise of statutory power rationally related to the protection of the residents of the locality from the ill-effects of urbanisation.