Court restrains use of Ramnagar playground for non-sporting activities pending publication, emphasizing youth's right to recreational spaces
In a significant judgment dated October 12, 2026, the Uttarakhand High Court, in the case of Shadab Ul Haq v. State of Uttarakhand, has directed the State Government to complete the statutory exercise under the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, as applicable in Uttarakhand. The court ordered the Secretary of Urban Development to finalize the identification and mapping of all parks, playgrounds, and open spaces in urban areas within six months and to publish the official list within three months thereafter.
The writ petition was filed by Shadab Ul Haq, a resident of Ramnagar and a keen cricketer, who raised concerns over the misuse of the only playground available for sports activities in Ramnagar town. The playground, managed by the Nagar Palika Parishad Ramnagar but leased to Mathura Das Prasadi Lal Hindu Inter College since 1935, was reportedly being used for commercial purposes contrary to its intended sporting use. The petitioner highlighted the absence of an official list of parks and playgrounds in Uttarakhand, rendering the protective framework under the 1975 Act ineffective.
The Court acknowledged the petitioner's grievance regarding the non-publication of the list of parks and playgrounds, which is crucial for the preservation and regulation of such spaces. Citing Section 3(1) and Section 3(4) of the Act, the Court emphasized the State's statutory obligation to identify and publish the list of all such open spaces to ensure their protection for public use, particularly for sports and recreational activities. The Court also expressed concern over the rapid disappearance of open spaces vital for the physical and mental well-being of future generations.
Until the completion of this exercise, the Court restrained the use of the disputed playground in Ramnagar for any purpose other than sporting activities without prior written permission from the District Magistrate. The judgment also addressed an interim application seeking permission to burn an effigy of `Ravana' during the Dussehra festival, clarifying that such permission must be sought from the District Magistrate.
The Court's directive serves as a robust reminder to the State authorities of their responsibility to maintain urban open spaces in a clean and proper condition, as mandated under Section 7 of the Act. Furthermore, it protects the interests of the youth and general public in accessing and utilizing playgrounds and parks without encroachment or diversion for commercial use.
This judgment underscores the vital role of urban open spaces for sports and recreation and sets a precedent for strict adherence to statutory provisions aimed at their preservation.
Bottom Line:
Parks, playgrounds and open spaces - State directed to complete exercise under Section 3(1) of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 and publish list under Section 3(4) - Until such exercise is completed, disputed open space/ground cannot be used for any purpose other than sporting activity without prior written permission of District Magistrate.
Statutory provision(s): Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 Sections 3(1), 3(4), 7
Shadab Ul Haq v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc Id # 2996535
