'Satisfied With Measures Taken By Authorities To Preserve Green Spaces, Parks': Jammu & Kashmir High Court Closes PIL

The PIL filed in the year 2017 had primarily focused on the lack of green spaces and parks in the cities of Srinagar and Jammu and also drew attention to the pressing need for these recreational areas in urban centres.

The Court after hearing the arguments from Amicus Curiae Syed Faisal Qadiri and Advocate Sharaf Wani, took note of the reports submitted on October 3, 2023, concerning Srinagar, and on March 3, 2023, regarding Jammu, outlining the steps taken by the concerned authorities to maintain and preserve parks and gardens in these cities.

The reports highlighted various initiatives, including the Tulip Garden in Srinagar gaining recognition as Asia's largest tulip paradise during the Tulip Show 2022 and being included in the World Book of Records.

The authorities also detailed their initiatives in maintaining historical sites, such as the Mughal Gardens, including Nishat, Shalimar, Cheshmashahi, and Pari Mahal. A pilot project, in collaboration with JSWF (a public charitable trust), was undertaken for the conservation and maintenance work at select sites of Shalimar Bagh and Nishat Bagh.

In Jammu, a pilot project focused on the conservation and maintenance of Mughal Gardens, including Shalimar Bagh and Nishat Bagh, has been initiated through a Memorandum of Understanding with JSWF (a public charitable trust). This project aims to secure UNESCO's World Heritage Site status for these gardens.

The Director of Floriculture reported that they are presently maintaining 64 parks and gardens in the Jammu Division, and strict measures have been put in place to prohibit single-use plastic and prevent encroachments in these green spaces. Additionally, facilities such as toilets, Mali sheds, and well-constructed pathways have been provided, along with efforts to manage garden waste and ensure accessibility for disabled individuals.

“The ramps for disabled & physically challenged persons wherever required have been constructed in most of the existing Parks & Gardens maintained by the Department. However winqwaszg of the Department has also been requested for constructing the ramps for disabled persons in the left out parks also is kept in the Capes Budget of the Department for the year 2022-23”, the report pointed out.

The report also spotlighted the proactive steps taken by the Jammu Municipal Corporation in the matter which include the installation of dustbins in parks, the construction of ramps and toilets, and issuing notices for unauthorized constructions.

“Notices regarding unauthorized construction if any in parks maintained by JMC have been issued from time to time and timely action is being taken regarding all complaints”, the report reads.

Following a thorough evaluation of these efforts, the Court expressed satisfaction and decided to close the PIL. However, the bench made it clear that if the authorities fail to continue these efforts, the petitioner retains the liberty to reactivate the PIL.

Case Title: Court On Its Own Motion Vs Comm. Secy. Govt. of JK Tourism and Ors

Citation: 2023 LiveLaw (JKL) 264

Counsel For the Petitioner/Amicus: Mr. S.F. Qadiri, Sr. Advocate, with Ms. Sharaf Wani, Advocate

Counsel For The Respondent: Mr. Syed Musaib, Dy. AG.

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