M. F. SALDANHA, J. ( 1 ) THIS public interest writ petition has been filed by certain public spirited citizens of the Gandhinagar area who have styled themselves as the Gandhinagar Citizens Association. They have presented this petition being aggrieved by the proposal concerning a small park which is used by the citizens of that area and which is the only open space available in the region being converted into a Stadium. The citizens have objected to the construction of the Stadium in that area which they contend was a motivated decision at the instance of certain influential forces. It has been submitted on their behalf that the construction of a stadium is only a camouflage of a sort to screen the development of commercial blocks which may also incidentally be partially used for housing. What is in fact pointed out to this Court, is that there exist some plants and trees in that garden and that it is the only green area in that region and that it is therefore against the public interest, that the park should be converted into a stadium. ( 2 ) THE petition was admitted by this Court on 2-5-1991. Emergent notice was issued to the respondent Corporation, and the matter has been pending before this Court for the last 3 years. The respondents have not filed any reply nor have any of the averments in the petition being controverted. I find from the endorsement in the record that this matter is pending for final hearing since December, 1992 but the case thereafter has so far not been disposed of. ( 3 ) WHEN the case was taken up for hearing today learned counsel who represents the Corporation stated that, by virtue of the revision of the Corporation's legal panel, the earlier counsel was required to return the brief. He is no longer on the panel. He requested this Court for an adjournment or some reasonable time to make alternate arrangements and to file replies. To my mind, no such prayer could be granted because this is a public interest litigation undertaken by public spirited citizens. The corporation had more than adequate opportunity all these ye'ars to file a reply if it so desired. The Corporation has a legal department and a panel of lawyers. To my mind, no such prayer could be granted because this is a public interest litigation undertaken by public spirited citizens. The corporation had more than adequate opportunity all these ye'ars to file a reply if it so desired. The Corporation has a legal department and a panel of lawyers. In the light of this situation it is more than obvious that the Corporation has nothing to point out by way of defence. It is quite obvious also that the corporation is not interested in defending this litigation. ( 4 ) ON a consideration of the facts of this case to my mind the proposed action of the Corporation is virtually defenceless. The park in question has been notified and without fulfilling the requirements of law the same cannot be removed unless the very elaborate procedure that has been prescribed is complied with. This condition precedent, more particularly is that the overriding general public interest is to be taken into account by the Government or the Corporation. This Court has to take judicial notice of the fact that in urban areas it is virtually a necessity for the process of human survival that parks and gardens which are effectively the lungs of the city are preserved. Under the guise of so called development, schemes that are grossly suicidal to humanity are sought to be undertaken. These are invariably bulldozed through with the active support of the very individuals who are elected and paid or who hold office in strategic places and are expected to function for the public good. The citizens in this case have rightly protested and require to be commended for their efforts. ( 5 ) ON the basis of the material placed before this Court, I amsatisfied that a case has been made out for the grant of relief. To my mind the proposal to replace the park with a Stadium is completely and thoroughly unjustified and in any event is not permissible in law. The proposal is accordingly struck down. ( 6 ) IN this view of the matter, the writ petition is allowed. Ruleis made absolute. In the circumstances of the case there shall be no order as to costs. --- *** --- .