Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3014 of 2015 Petitioner :- Santosh Kumar Srivastava Respondent :- U.P. Avas Evam Vikas Parishad Thru. Housing Commissioner And A Counsel for Petitioner :- Brijesh Kumar Singh Counsel for Respondent :- Manish Chandra,Puneet Chandra Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. 1. Heard. 2. This petition has been filed in public interest seeking the following reliefs:- "I. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to develop and maintain the park, under Section 7 of U.P. Parks, Playgrounds, Open Spaces (Preservation Regulation) Act, 1975 read with Rule 8 of Uttar Pradesh Parks, Playgrounds and Open Spaces (Regulation and Control) Rules, 2005 situated in front of the petitioner's house upto the mark through the Gardners. II. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to remove garbage (Municipal Solid Waste) from the park in front of the petitioner's house. III. Such any other order or direction under the circumstances of the case also be passed in favour of the petitioner. IV. Allow the petition of the petitioner with costs. " 3. The Board does not deny its statutory obligation under the U.P. Parks, Playgrounds, Open Spaces (Preservation and Regulation) Act, 1975 to maintain the park in question which is under its control unless of course, the situation has changed and the park or the land has been handed over to some other authority, in which case, that authority would be obliged to maintain it under the aforesaid Act so far as it may be required to do so. 4. We, accordingly, dispose of this petition with the observation/ direction that opposite parties shall ensure proper maintenance and upkeep of the park in terms of the Act, 1975. If any other authority has been handed over the said park be it the Nagar Nigam, Lucknow or any other authority, it would also be obliged to do so same subject to it being informed about this order by the petitioner and the U.P. Awas Evam Vikas Parishad who shall do the needful. If the park is under the control of the Board then it shall ensure its upkeep and maintenance at the earliest. It shall include horticulture work also. Petitioner shall co-operate in this process. We make it clear that this order is being passed subject to the condition that there is no other legal impediment in the aforesaid exercise. (Manjive Shukla,J.) (Rajan Roy,J.) Order Date :- 12.8.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench