JUDGMENT The subject matter of the public interest litigation is a public park situated at Baghambari Housing Scheme, Allahpur, District Allahabad. The housing scheme was proposed in or about 1965 for which land admeasuring 107 acres was acquired for the Municipal Corporation of Allahabad. The scheme was transferred to Allahabad Development Authority in 1974. The counter affidavit filed in these proceedings by the Secretary of ADA indicates that during the planning and development of the scheme about 22 acres of land were found to be encroached upon by the land owners and purchasers who had erected houses in the area. The encroachments were spread over the entire scheme. In 1975 a decision was taken by the Board of ADA for regularization of the occupants subject to various conditions and a Government Order was issued on 7 February 1989. This was followed by a Government Order dated 29 October 2001. A committee was constituted under the Commissioner of Allahabad Division which looked into the matter and took a decision on 24 July 2003 in regard to the regularization of occupants. The Court has been informed that about 400 unauthorized occupants were regularized but 1096 remained. Initially in the lay out scheme of Baghambari Housing Scheme, the areas under the park and open space were shown to be 11.03 acres. However due to the encroachments on the land which was acquired under the scheme, the area which has been shown in the lay out plan for the park could not actually be carved out. Seven parks have been carved out under the scheme which are stated to be still in existence. ADA has filed a list at Annexure SCA-6 to its counter affidavit indicating that it has handed 148 parks to the Nagar Nigam Allahabad in which the park in question has been shown at serial no.78. 2. Since the petition pertains to the maintenance of the park in question, an order was passed by this Court on 28 January 2016 directing the ADA to file an affidavit after site inspection explaining the exact position of the park, the nature of the encroachments made, the steps taken to preserve and maintain the park and other relevant information having a bearing on the writ petition. The counter affidavit inter alia states that upon inspection it is found that the park is surrounded by a wall and is being maintained. The counter affidavit inter alia states that upon inspection it is found that the park is surrounded by a wall and is being maintained. However, in a corner of a park a tube well is situated for supplying the drinking water to the locality, a small temple and a walking path have been constructed for the facility of the residents. The total area of the park is 866 square meters. 3. The submission which has been urged on behalf of the petitioners is that the list which has been submitted before the Court by the ADA of the parks which were handed over to the Nagar Nigam marks the area of the park as 1520 square meters whereas in the diagrammatic sketch which has been produced on the record it is shown as 866 square meters. In order to deal with this aspect, a supplementary counter affidavit has been filed in which it has been stated that though initially when the land was acquired between 1965 and 1967 the lay out plan envisaged that an area of 1520 square meters would be ear marked for the park, the lay out plan could not be developed as such due to the presence of the encroachments and the park would never be created in an area corresponding to 1520 square meters. Hence, it has been stated that the park was developed only to the extent of 866 square meters. After a decision was taken in 1975 to regularize the occupants, the original lay out plan could not be implemented as envisaged initially. Parks were actually developed which are in existence at present. 4. Having due regard to the disclosures which have been made in the counter affidavit and in the supplementary counter affidavit, we direct that both ADA and the Nagar Nigam shall take due and necessary steps to ensure that the park in its present form is duly preserved and maintained and is kept free from encroachments. In the event that any complaints are received by the authorities from the residents of the locality in regard to the encroachments upon the park, the complaint shall be duly looked into so that necessary steps be taken in accordance with law for preserving and maintaining the park. No further directions are necessary. 5. The petition is accordingly disposed of. There shall be no order as to costs.