ORDER Like any other effort when open spaces protected by law are to be preserved, there is always resistance. Those, who have occupied it by default, unauthorisedly or otherwise do find it inconvenient to have themselves re-located in the public interest. This case is a classic example. 2. In theory and much advertised principles everyone dreams of an ideal city with open spaces, walkable and safe footpaths, parks, etc. But ones who talk most are the violators and the offenders and the usurpers of open speces. Otherwise, meant to be protected as conforming uses of land. When it comes down to make an effort to preserving open lands for their conforming uses vested interest would like to retain their occupation. 3. The open land which is know as Sandy's compound otherwise dedicated as Jai Prakash Uddyan which is part and parcel of this open land and contiguous to it. 4. There are pinprick vested interests. A batminton association is just about to receive some occuption to construct badminton courts. The list of occupation of Sandy's compound does read like a humorous antidote as to what these organisations are doing within the open grounds conformed as an open space for the town of Bhagalpur. There are six hundred petitioners who desire this open space to be preserved. There are vested interest who, given an occasion would like to and have destroyed the only open space available in Bhagalpur. 5. If the concept of intergeneration equity evolved by the Supreme Court in re-State of Himachal Pradesh and ors. Vs. Ganesh Wood Products and ors, AIR 1996 SC 149 is taken into account, it simply means that there is an obligation on this generation to leave a better environment to live in for the next generation. One does not need law to show respect for environment and ecology. It is a constitutional obligation. The law is for violators. The Environment (Protection) Act; 1986 is a reminder for them. Not for a responsible and a citizen sensitive to his environment. The dedication to save an open space will have to be seen in the same light as the Supreme Court had done in re Dr. G. N. Khajuria & ors. Vs. Delhi Development Authority & ors. AIR 1996 SC 253 There is no compromise if environment has to be saved. 6. Saving the environment is not the private preserve of M.C. Mehta. G. N. Khajuria & ors. Vs. Delhi Development Authority & ors. AIR 1996 SC 253 There is no compromise if environment has to be saved. 6. Saving the environment is not the private preserve of M.C. Mehta. M.C. Mehta as a name is a concept and phenomenon. In preserving an ecology, an environment and making an effort for a better world for the next generation, it will be the endeavour of the Court that Sandy's compound is ultimately subjected to a long term plan so that it is given to the town and the citizens of Bhagalpur as an open space for a park and no other purposes. The evacuation of this land cannot happen like a switch is put on and off. It will take time. Except any building which may have been referred to in the land acquisition notification of 1908 Gazeteer by which ultimately the Public Works Department re-conveyed the land to the Collector, the Court is afraid all other structures have to go. 7. Regard being had to the context of the Bengal Gazeteer dated 16 July, 1906 referring to a notification no. 2090 L.A., this document needs to be seen. This was located at the High Court's Library. It is in the Bengal Gazeteer. The Gazeteer revealed that 307 Bighas 15 Kattas and 14 Chitaks was acquired. This approximately amount to 227 acres. The boundaries in the Gazeteer have been given thus : North-By Cleveland Road, South-By Central Jail Road, East-Ditto West-By Beatson Road. 8. It is this portion upon which the sovereign rights were acquired by the then Province of Bengal and this passes on to the present State of Bihar. The Buildings mentioned are: the Court compound, and site for a circuit-house and official residence and for a parade ground in the villages of Adampur, Kalabari and Khunjurpur, Paragana Bhagalpur zila Bhagalpur. These buildings are to be dated and marked as heritage sites. 9. The District Magistrate made a request for a photocopy of the relevant notification from the Bengal Gazetteer in the High Court Library. It should be in the Collector's office. It was provided to him as requested. 10. A dedicated depressurisation plan of restoring the Sandy's compound to an open space be filed which A.A.G.2 says will be done by Tuesday next.