NMC pledges to protect parks from commercial exploitation

Nagpur: In a development that could help protect city's urban green spaces, Nagpur Municipal Corporation (NMC) on Wednesday assured the Nagpur bench of Bombay high court that it would not permit any commercial activity in parks and gardens beyond expressly allowed under the existing town planning regulations.
The civic body's pledge was submitted in response to a PIL (No. 53/2023) that challenged alleged encroachments and misuse of green spaces under the guise of development.
The assurance came in the form of a sworn affidavit by deputy municipal commissioner (garden), Ganesh Rathod, during a hearing before a division bench comprising Justices Avinash Gharote and Abhay Mantri. The petition was filed by noted pulmonologist and environmental activist Dr Rajesh Swarnakar and others, who objected to commercial activities at Savarkar Nagar garden near Ring Road.
Rathod's affidavit categorically stated that the NMC would, going forward, restrict all commercial activities within public gardens strictly to the scope allowed under the Development Control Regulations (DCR) and the Unified Development Control Regulations (UDCR), 2020, applicable to the city. For sites where limited permissions were already granted, the civic body committed to ensuring compliance only up to the permissible thresholds outlined by the statutory planning guidelines.
With the assurance on record, the court disposed of the petition but left the door open for further legal recourse should the corporation renege on its commitments.
The PIL had flagged "transformation" of Savarkar Nagar garden — a designated public utility plot — into a commercial space following a Build Operate and Transfer (BOT) agreement signed in 2019 with a private contractor Murlidhar Chavan, who started ‘Hunger Heaven Food Plaza' there. Despite the land being reserved for public use, construction of a food plaza reportedly began in December 2022, prompting legal action. The court had then ordered removal of the illegal structure, which was subsequently carried out.
Petitioners, through counsel Tushar Mandlekar, also called on the NMC to revisit the terms of the BOT agreement to prevent similar encroachments in the future. Mandlekar emphasised that over 3,000 green spaces in the city could be at risk without firm judicial and administrative oversight.
Mandlekar described the outcome as a "landmark for Nagpur's environmental future", underscoring the importance of public spaces remaining dedicated to community and ecological well-being. "These parks are the lungs of our city. Preserving them from commercial assault is not just a legal imperative but a public health necessity," he said.
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Key Takeaways Of NMC Affidavit
Civic body will not permit any commercial activity in parks and gardens beyond what is allowed under Development Control Regulations
Existing commercial activities in parks will be restricted strictly within the permissible limits under the Unified DCR, 2020
The assurance applies to all parks and gardens under NMC's jurisdiction
Affidavit filed by deputy municipal commissioner (garden) Ganesh Rathod