ETHICAL LEGAL CONSULTANTS

DECISION TO CONVERT PUBLIC PARKS

INTO RESIDENTIAL AREAS IN FARIDABAD
CITY STAYED BY PUNJAB & HARYANA
HIGH COURT STATING EVERY CITIZEN HAS
A FUNDAMENTAL RIGHT TO FRESH AIR

The petitioners, Jan Kalyan Samiti - a registered body under the provisions of the
Haryana Registration and Regulation of Societies Act, 2012, had approached the
High Court against illegal encroachments upon open spaces and parks after
which it was revealed that the Government of Haryana proposed to convert
these spaces into residential areas.

Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg,
Sector 12, Faridabad, Haryana 121007
BEST DIVORCE LAWYER IN FARIDABAD HARYANA
RERA PROPERTY CIVIL CRIMINAL
 ETHICAL LEGAL CONSULTANTS

On 6th October 2020, during proceedings of the case, Punjab and Haryana High
Court emphasized that every citizen has a fundamental right to fresh air. The
ecology and environment of the area would be affected drastically if the parks
are converted into the residential area.

The Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu were hearing
a petition challenging the decision of the Government of Haryana to convert
Public Park into the residential area (in N.I.T., Faridabad).

According to the averments made in the petition, Faridabad Township came into
existence immediately after partition of the country in 1947. A master-plan was
drawn for development of the Township making provision for parks, schools and
green areas. According to the master-plan, residential areas of Faridabad
Industrial Township were divided into five parts. Each part was named as
neighbourhood i.e. Neighbourhood – I, II, III, IV and V. The total area of these
parks was 7.5 Acres approximately.

The petitioner-society had approached the High Court against illegal

encroachments upon open spaces and parks in the Faridabad Industrial
Township. During the course of hearings, it was revealed that the Government
of Haryana proposed to convert these spaces into residential areas.

Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg,
Sector 12, Faridabad, Haryana 121007
BEST DIVORCE LAWYER IN FARIDABAD HARYANA
RERA PROPERTY CIVIL CRIMINAL
 ETHICAL LEGAL CONSULTANTS
Describing the State’s new proposal as a nullification of the Court's orders, the
Court stated:

“It was expected from the respondents to evict the illegal encroachers from the
public land instead of nullifying the orders passed by this Court from time to time
by converting the park into residential areas.”

In pleadings, the residential society had termed the new plan proposed by the
State as unreasonable, arbitrary and violative of Articles 21 and 48 of the
Constitution.

The Court agreed that the State took a U-Turn while proposing to convert parks
into residential areas and cited Supreme Court rulings in similar fact situations
and stayed the proposal of State Government of Haryana to convert parks into
open areas till further orders.

Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg,
Sector 12, Faridabad, Haryana 121007
BEST DIVORCE LAWYER IN FARIDABAD HARYANA
RERA PROPERTY CIVIL CRIMINAL