DB declines permission to JMC

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Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today declined to grant permission to the Jammu Municipal Corporation (JMC) for construction of parking and shops complex on play field at Parade.
In the application, the JMC submitted that there is a parking problem for the residents of the city areas as such parking complex is required to be constructed on Parade ground to ease out traffic problem in Jammu city.
After hearing Senior AAG SS Nanda appearing for the JMC whereas Advocate Aparajita Jamwal appearing for the PIL, DB observed, “Apex Court has held that object of public-park or play ground is 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”.
“The public parks and play grounds are vital to protect the residents from the ill effects of urbanization. If any permission for conversion is allowed the same would be contrary to the legislative intent and inconsistent with the statutory requirements”, the DB said, adding “such a step 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 playgrounds and public parks is paramount for the future generations of the city and the same cannot be permitted to be converted as car parking”, the DB said while dismissing the application filed by the Commissioner JMC.

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