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No parking lot to come up at Parade Ground: HC
JMC's application, seeking permission to convert Parade Ground into a parking lot, shopping arcade rejected
12/7/2015 11:58:20 PM
Early Times Report
Jammu, Dec 7: A High Court division bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today declined to grant any permission to construct a parking lot and shops at the Parade Sports Playground in the heart of old Jammu city. The court directive came in an application filed by Jammu Municipal Corporation (JMC), seeking permission to execute its project for making a parking lot and shops at Parade Ground which is the only playground in the City of Temples for youngsters and veterans. There has already been much opposition in Jammu to the JMC's proposal to convert Parade Ground into a shopping mall-cum-parking lot. In the affidavit filed by JMC in the high court, it was stated that JMC had planned the project to decongest traffic in the old city. At the upper portion of the playground, it had planned to construct a complex consisting of 3 tier underground parking facility for 861 cars. At the lower ground floor, there was a proposal to develop a shopping arcade similar to New Delhi's Palika Bazar, comprising of 58 shops with anchor stores and food courts. The upper ground floor of the shopping area was proposed to be retained as a playground with better facilities for the sports lovers and with ultra-modern joggers track and obstruction free sitting stand covered with poly carbonate sheet roof. The JMC had sought permission for the approval of detailed project report of the proposed playfield, car parking and shopping arcade at the upper portion of the Parade ground.
The bench, after hearing the two sides, observed that Apex Court had held that a Public Park or a playground was to promote health of the community by means of ventilation and recreation. It is the preservation of the quality of life of the community that is sought to be protected by means of these regulations. It is to promote the orderly development of the city and adjoining areas and to preserve open space by reserving public parks and play grounds with a view to protecting the residents from the ill effects of urbanization of the city in a way that maximum space is provided for the benefit of the public at large for recreation, enjoyment, ventilation and fresh air and if any permission for conversion is allowed the same would be contrary to the legislative intent and inconsistent with the statutory requirements and it would be in direct conflict with the constitutional mandate to ensure that the 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 guaranteed rights a reality for all the citizens. Keeping of playgrounds and public parks is paramount for the future generations of the city and the same cannot be permitted to be converted as a car parking as prayed for and if the same is allowed the purpose for which the open space available in the playground in a planned city was allotted or earmarked will be defeated.
With these observations, the bench dismissed the application filed by the JMC commissioner.
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