Satisfied with the upkeep of parks in J&K, HC closes PIL

Srinagar, Oct 10: The High Court of J&K and Ladakh has closed a Public Interest Litigation(PIL) related to preservation of green space and parks in Kashmir and Jammu divisions, saying it was satisfied with the upkeep of the parks by the authorities.  

A division bench of Chief Justice   N Kotiswar Singh   and Justice Moksha KhajuriaKazmi closed the PIL after going through the reports the authorities had filed, indicating the efforts to develop and maintain the green space in the cities of Srinagar, Jammu and other places.  

“This Court is also satisfied that the authorities are doing the needful for maintenance and preservation of the green space and parks. We are of the view that it may not be necessary for us to monitor the same at this stage and accordingly, the present PIL is closed,” the bench said.

 However, the Court held that if the authorities failed to maintain and preserve the green space and parks, the petitioner would be liberty for reactivation of the PIL.  

 Former chief justice of Bihar, Justice (retd) Bilal Nazki in May 2016 had written a letter to the chief Justice of Jammu and Kashmir High Court highlighting how the city is lacking the green spaces.  In 2017, the High court treated the letter as Public Interest Litigation. The Court had asked senior advocate Faisal Qadri to assist it as amicus curie in the matter.

 The report submitted by the authorities with regard to Srinagar city indicated that they successfully completed the Tulip Show 2022 with the concerted efforts of various wings of administration. The Tulip garden, the report said, has earned a prestigious spot in the World Book of Records (London).

“This has been a monumental recognition of the Union territory of Jammu and Kashmir hailing the Tulip garden as Asia’s largest tulip paradise, adorned with 1.5 million tulip bulbs,” the report said.

 According to the report, out of the four Mughal Gardens- Nishat, Shalimar, Cheshmashahi, PariMahal- that have been placed in tentative list of UNESCO’s World Heritage Sites. A pilot project has been undertaken by the department of Floriculture and JSWF (a public charitable trust) wherein a Memorandum of Understanding has been signed on 28/07/2021 for a collaborative partnership for the conservation and maintenance work at the select sites of Shalimar Bagh and NishatBagh.

Similarly, the report in respect of Jammu Division filed by the Director Floriculture indicated that the department is presently maintaining 64  Parks/Gardens having area of 1898.74 Kanals. While the report indicated that single use plastic and other plastic material is strictly prohibited in all the existing parks & Gardens maintained by the Department, it said all the existing have been provided with Grill fencing so that no vision is obstructed from the outside . “There is no encroachment in any of the parks/Gardens maintained by the Department as per the report of the field officers,” the report said. 

 The report divulged that the Toilet facility and Mali sheds have been provided at appropriate places and the Department has provided Garden Shredders as well as constructed compost pits in major Parks & Gardens maintained by the Department for disposing of garden waste. “The ramps for disabled & physically challenged persons wherever required have been constructed in most of the existing Parks & Gardens maintained by the Department”, the report said.