HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1000 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the petitioners, Shri Fareed Ahmad, learned counsel for the Jalkal Vibhag, Nagar Nigam, Lucknow, Shri Rajan Mishra, Advocate holding brief of Shri Yatindra Pathak, learned counsel for the Nagar Nigam, Lucknow, Shri Gyanendra Verma, learned counsel for the Lucknow Development Authority. 2. This Public Interest Litigation has been filed seeking the following relief. "(i). Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing the opposite party no. 2 not to construct and acquire the land on Amrit Vatika Park, Sector-5, Vidarbh Khand, Gomti Nagar, Lucknow by willfully constructing an underground water tank on said park, as contained in annexure No. 1 to this writ petition in the interest of justice. (ii). Issue a writ, order or direction in the nature of mandamus, commanding and directing the opposite parties nos. 3, 4 and 5 to take legal action against the opposite party no. 2 on account of unauthorized underground water tank willfully constructing on Amrit Vatika Park, Sector -5, Vidarbh Khand, Gomti Nagar, Lucknow as contained in Annexure No. 1 to the writ petition in the interest of justice. (iii) Issue a writ, order or direction in the nature of mandamus, commanding and Versus Counsel for Petitioner(s) : Sunny Sharma, Aditya Prakash Sharma, Ashish Yadav, Saurabh Sharma Counsel for Respondent(s) : C.S.C., Fareed Ahmad, Namit Sharma, Nishant Shukla, Ratnesh Chandra, Sankalp Dewari, Yatindra Pathak Ajay Kumar Yadav And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development U.P. Lko. And 4 Others .....Respondent(s) directing the opposite parties nos. 3, 4 and 5 to take shif or revise the estimate to construct this underground water tank in road side park behind the Gautam Market. There is no construction in said park which is behind Gautam Market and the construction of CWR there would not disturb the functional park that is Avar Jalasay Parisar situated near Amrit Vatika Park of Sector -5 Gomti Nagar, Lucknow. (iv). Issue a writ, order or direction in the nature of mandamus, commanding and directing the opposite parties to decide the representation of the petitioners dated 12.09.2025 which is annexed as Annexure no. 4 to this writ petition." 3. Shri Fareed Ahmad, learned counsel for the Jalkal Vibhag of the Nagar Nigam says that an overhead water tank already exists in a portion of the park which caters to the need of local residents. However, at times it becomes difficult to pump water into the said overhead tank through the tubewell therefore, a water reservoir, 3 metres deep and 12 x 14 metres width and length, is to be constructed underground i.e. under the park, for which tender process has been initiated and the project has been handed over to Jal Nigam which is the Executing Authority. 4. During arguments one issue which cropped up was as to whether the park is covered by the U.P. Parks Playgrounds and Open Spaces (Preservation and Regulation), Act, 1975 (hereinafter referred to as the Act, 1975), or not. It was contended by the petitioner that it is covered and therefore, no such construction of underground reservoir could be undertaken without the permission of the Municipal Commissioner. 5. On the other hand, learned counsel for the Jalkal Vibhag submitted that the reservoir is to be constructed for public purpose which is in the interest of the local residents of the area, therefore, there is absolutely no public interest being adversely affected by such construction. However, so far as the required permission under the Act, 1975 is concerned, it is submitted that after a query was made in this regard by the Court on the last date an application has been submitted to the Municipal Commissioner who is the authority prescribed for considering grant of approval or permission under relevant provisions of the Act, 1975. He also says that as of now the construction of the reservoir has not started by the U.P. Jal Nigam, which in fact has not been impleaded as an opposite WPIL No. 1000 of 2025 2 party herein, to which the counsel for the petitioner says he was not aware that the Jal Nigam is to undertake the construction. In fact the Jal Nigam has floated the tender and the work would be executed through some other ageny, which has not started as yet. 6. We are of the opinion that balancing the equities i.e. on the one hand the requirements of law as contained in the Act, 1975 and on the other hand the requirements of the local residents to get clean and adequate supply of drinking water, the Municipal Commissioner should take a call in the matter, he should first of all examine the matter, as to whether the Act, 1975 is applicable to the park at hand or not, if it is applicable, whether any permission is required before undertaking such construction of a water reservoir, if so, then he shall take a decision in this regard at the earliest, say within two weeks of the receipt of a certified copy of this order. Whatever decision is taken shall be communicated to the U.P. Jal Nigam, the Jalkal Vibhag of the Nagar Nigam and to the petitioner. 7. Shri Rajan Mishra, Advocate holding brief of Shri Yatindra Pathak, appearing for the Nagar Nigam says that inspite of request instruction has not been provided to him. He shall communicate our order to the Municipal Commissioner for compliance, within 24 hours. 8. The petition is accordingly disposed of. September 25, 2025 Bhanu WPIL No. 1000 of 2025 3 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench