The Nagpur Bench of the Bombay High Court, on Wednesday, directed the authorities concerned to submit detailed affidavits regarding the current status, structural audits, and restoration plans for Kasturchand Park within three weeks. This directive followed an affidavit submitted by the amicus curiae, highlighting the park’s poor condition based on a news report published by ‘The Hitavada’ on August 31 and September 1. Justice Nitin Sambre and Justice Vrushali Joshi issued the directives during a hearing on the Public Interest Litigation related to the dilapidated state of Kasturchand Park, a Grade-I Heritage Monument in Nagpur. The affidavit stated, “The article published in The Hitavada specifies that Kasturchand Park, a historic and beautiful landmark in Nagpur, has fallen into severe neglect due to the authorities’ inaction.

 

Once a source of pride for the city, the park now resembles a jungle, overgrown with wild shrubs and an unkempt walking track that feels unsafe for visitors. The iconic sandstone bandstand, over a century old, is obscured by uncontrolled vegetation. Despite prior judicial intervention by the High Court of Judicature at Nagpur, which included site visits and directives to the responsible authorities, the park’s condition remains deplorable.” It further stated, “The article criticises lack of accountability and questions the commitment of those responsible for preserving this important cultural landmark, highlighting a broader issue of negligence towards public spaces in the city.” Amicus Curiae Adv Shreerang Bhandarkar pointed out two crucial past orders before the court in the affidavit. The first, dated October 4, 2021, revealed shocking facts in a report submitted by a committee constituted by the High Court. The report highlighted the commercial use of public properties, including Kasturchand Park, by various clubs and associations for minimal rent while generating substantial profits.

 

The Court directed the Nagpur District Collector to submit a detailed response regarding any lease violations and actions taken against these entities, along with suggestions for income-sharing by these clubs with the Government. The second order, dated September 5, 2020, followed a site inspection that revealed a stark discrepancy between the affidavits submitted to the court and the actual conditions of the park. The Court observed a deplorable state of affairs, with the park littered with filth, uneven grounds, and the heritage structure itself in a severely deteriorated condition. The Court directed the District Collector and the Nagpur Municipal Corporation (NMC) to undertake a structural audit of the monument and submit an action plan for its restoration. During the hearing, the Court directed the respondents — District Collector, Chief Engineer of the Public Works Department, NMC, and the Heritage Conservation Committee — to submit detailed affidavits regarding the current status, structural audits, and restoration plans for the park within three weeks. 

 

 

Despite the District Collector filing an affidavit before the Nagpur Bench of Bombay High Court stating that action would be initiated against beneficiaries of prime Nazul land, including major clubs, charitable, educational, and cultural institutions for violating lease conditions and engaging in brazen commercial exploitation, no action has been taken yet. In the last affidavit submitted to the Nagpur Bench of Bombay High Court, the District Collector confirmed serious violations by most of the 12 Nazul land allottees: Andhra Association, Bhagini Mandal, CP Club, Gondwana Club, Maharajbagh Club, YMCA, VCA, Vidarbha Hindi Sahitya Sangh, Officers Club, Jawahar Vidyarthi Gruha, Ladies Club, and Vidarbha Sahitya Sangh.

 

The Collector promised action as per the High Court’s order dated October 4, 2021. However, no action has yet been taken against the clubs. According to an affidavit filed before the High Court by the then District Collector Sachin Kurve, out of 113 prime Nazul (Revenue) land allotted to various clubs, charitable, educational and cultural institutions, 12 most prime properties are being commercially exploited in violation of lease conditions. Large tracts of Nazul lands were allotted at a very nominal rate to these institutions and as per record obtained by the Revenue department, the allottees were misusing the land to derive commercial gain. During the hearing on Wednesday, Government Pleader Deven Chavhan informed the Court that he would file a reply about what action was taken on the report within the next three weeks.