JUDGMENT M.S.SONAK, J. - Heard Mr. Kakodkar, learned counsel for the Petitioner, and Mr. S. Priolkar learned Additional Government Advocate for Respondent Nos. 1 to 4. 2. In our order dtd. 17/8/2022, we had made it clear that this petition would finally be disposed of at the admission stage. Accordingly, Respondent No.4 has filed an affidavit before us. 3. Rule. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. 4. The public interest litigant complains that the Medical Officer of Chinchinim Primary Health Centre, under whom a Rural Medical Dispensary cum Sub Health Centre operates at the Government Primary School premises at Carmona Goa, has put up a lock at the public recreational facilities and toilets at Carmona. 5. The Petitioner contends that this action of putting up a lock was high-handed and without the authority of Law. Additionally, the Petitioner argued that this facility is put up and managed by the Village Panchayat. Simply because in one portion of the Government Primary School premises at Carmona, the Rural Medical Dispensary cum Sub Health Centre operates, the Medical Officer had no right or authority to lock out this facility and prevent the public from enjoying the recreational facility laid out for their purpose. 6. Mr. Kakodkar points out that the Medical Officer does not even sit at the Rural Medical Dispensary at Carmona but operates from Chinchinim Primary Health Centre, which is almost six kilometers away. Mr. Kakodkar points out that this Medical Officer refused to relent even after the Hon'ble Chief Minister issued the directions. He, therefore, submits that the interim order issued by this Court on 23/8/2022 may be made absolute. 7. Mr. Kakodkar points out that after the interim order was issued, the Medical Officer removed the lock, and members of the public were granted access to this facility. He points out that even the police from the area are performing beat duty. Therefore, he submits that the concern expressed by the Medical Officer, assuming that the same was justified, does not survive any longer. 8. The Medical Officer, Dr. Nixon Martins Fernandes, has filed an affidavit before us to explain his action of locking the facility. He has explained the inconvenience caused due to the user of the recreational facility and the non-maintenance of toilets by the Panchayat authorities. 8. The Medical Officer, Dr. Nixon Martins Fernandes, has filed an affidavit before us to explain his action of locking the facility. He has explained the inconvenience caused due to the user of the recreational facility and the non-maintenance of toilets by the Panchayat authorities. He has made some allegations against the Petitioner by stating that the Petitioner, a former Sarpanch took no steps to repair the broken water pipeline, tampered wiring, and broken window panes at the facility. He has referred to extensive correspondence he has resorted to with the authorities concerning this recreational facility. 9. The Medical Officer has explained that his actions were an attempt to ensure that no damage was caused to the Government property. He relies on the Panchayat letter dtd. 14/1/2022, in which he was requested to lock the premises after working hours. He also prayed that the Panchayat should be directed to employ a watchman/caretaker for the premises so that they are looked after. 10. Mr. Priolkar learned Additional Government Advocate submits that the directions should be issued to the Panchayat to appoint a watchman/caretaker so that the recreational facility, including toilets, etc., are looked into properly. 11. We have considered the pleadings as well as rival contentions. 12. The record bears out that Carmona is a tiny village; therefore, the recreational facility which is the subject matter of this petition, though small, is a significant facility for the people of Carmona, particularly children and senior citizens. Therefore, in the entirely avoidable dispute between the Medical Officer and the Panchayat authorities, neither had a right to virtually close down this facility and prevent the public from using it. 13. From the photographs produced before us, this facility is nothing but a small open space in which provisions have been made for children to play and senior citizens to sit, lounge, and walk. There are swings and slides. There is a small tile Court where children are seen playing. There are some toilets. All this is around the Government primary school premises. Mr. Kakodkar says this is the only facility of this nature in the Village of Carmona. 14. The Rural Medical Dispensary cum Sub Health Centre is a portion of these premises. There are swings and slides. There is a small tile Court where children are seen playing. There are some toilets. All this is around the Government primary school premises. Mr. Kakodkar says this is the only facility of this nature in the Village of Carmona. 14. The Rural Medical Dispensary cum Sub Health Centre is a portion of these premises. On the alleged ground that some miscreants broke some tube lights in the facility or that the Panchayat did not properly maintain toilets, the Medical officer, who operates from a centre almost six kilometres away, locked the facility, and prevented the public from using the same. 15. In our judgement, there was no justification whatsoever for locking down this small but significant facility and depriving the members of the public, including in particular the children and the senior citizens the use of this facility. The medical officer has referred to no provisions of the Law that entitled him to take such action. He does not claim to have exercised any Statutory powers under the Public Health Act or any other law. 16. The Medical Officer and the Panchayat authorities should have sorted out differences between them, keeping in mind that these facilities are for the benefit of members of the public and cannot be held hostage to sort out unfortunate differences between the Medical Officer and the Panchayat authorities. The apparent ego issues between such officials cannot be at the cost of depriving the members of the public, the use of the recreational facility and open space established through the public funds. 17. In this case, the matter was considered at the highest levels after the Medical Officer locked out the facility. In May 2022, the Hon'ble Chief Minister, State of Goa, intervened in the matter and instructed the Medical Officer to open the gate immediately. He also instructed the Panchayat to appoint a caretaker to avoid untoward incidents. However, neither the Medical Officer nor the Panchayat authorities bothered to implement timely directions issued by the Hon'ble Chief Minister of the State of Goa. 18. The Government decision is placed on record on pages 55 and 56 of the paper book. The notings, after discussing the factual position, proposed the following: "The concerns raised by the Health Officer are also justified. However, the arbitrary locking of the gate is not justified. The Department was not informed about the same. 18. The Government decision is placed on record on pages 55 and 56 of the paper book. The notings, after discussing the factual position, proposed the following: "The concerns raised by the Health Officer are also justified. However, the arbitrary locking of the gate is not justified. The Department was not informed about the same. Taking into consideration the above facts it is proposed. 1. To instruct Health Officer to immediately open the gate. 2. The Panchayat may be instructed to appoint caretaker to avoid any uptoward incident. 3. The Panchayat to ensure that water and electricity is provided to the latrines and person to be appointed to maintain cleanliness of the same." 19. Significantly, the Hon'ble Chief Minister approved the proposal at 'Y'. This means that the Health Officer was directed to open the gate immediately, and the Panchayat was instructed to appoint a caretaker to avoid any untoward incident and ensure that some person provided water and electricity to the restrooms assigned to maintain the cleanliness therein. 20. The Government took the above decision in May/June 2022. However, despite the said decision, it appears that the Medical Officer was quite adamant, and even the Panchayat authorities did not bother to comply. All this while, it is the members of the public who were arbitrarily deprived of the use of the park and recreational facility created through the public funds and for their use and benefit. 21. The correspondence on record does give an impression that the Medical Officer has taken this issue quite personally, and this appears to be some ego clash between the Medical Officer and possibly the Petitioner, Ex-Sarpanch of the Village Panchayat of Carmona. This is very unfortunate. In any case, this should not be at the cost of depriving the public, the user, of the public facility created from public funds. 22. The public authorities should devote themselves to the service of the members of the public rather than involve themselves personally in such clashes. Moreover, in such conflicts, they should not involve the facilities of which they are merely the public trustees. In any case, the public functionaries should ensure that their acts do not deprive the members of the public of the use of the park and recreational facilities created out of public funds. Moreover, in such conflicts, they should not involve the facilities of which they are merely the public trustees. In any case, the public functionaries should ensure that their acts do not deprive the members of the public of the use of the park and recreational facilities created out of public funds. Moreover, in case there are any issues about maintenance, etc., they must strive to sort out such problems rather than taking the extreme step of closing down or locking out such park and recreational facilities without the authority of the Law, and even in defiance with the timely directions issued by the Hon'ble Chief Minister. 23. The importance of having some park and recreational facilities for the public, especially Children and senior citizens, cannot be underscored. Such facilities entertain and encourage exercise and recreation. They enable people to breathe fresh air, meet, and interact with others. They enable and promote sports. The State and the local authorities like Panchayats must provide such facilities within their economic capacities. Where such facilities are provided, they should be properly maintained so the public can use them. Undoubtedly, the facility must not be locked out or closed down due to inter se disputes between a medical officer and ex sarpanch or the Panchayat as a body. This would be a downright arbitrary exercise of power, assuming such authority vested in the Medical officer. 24. In Bangalore Medical Trust Vs B. S. Muddappa and others, (1991) 4 SCC 54 . the Hon'ble Supreme Court has explained that the public park as a place reserved for beauty and recreation was developed in the 19th and 20th Century and is associated with the growth of the concept of equality and recognition of the importance of common man. Earlier it was a prerogative of the aristocracy and the affluent either as a result of the royal grant or as a place reserved for private pleasure. Free and healthy air in beautiful surroundings was a privilege for a few. But now it is a 'gift from people to themselves. Its importance has multiplied with emphasis on the environment and pollution. In modern planning and development, it occupies an important place in social ecology. 25. Similarly, in P. Venkateswarlu Vs Govt. of A.P. and others, 2001 SCC OnLine AP 942. But now it is a 'gift from people to themselves. Its importance has multiplied with emphasis on the environment and pollution. In modern planning and development, it occupies an important place in social ecology. 25. Similarly, in P. Venkateswarlu Vs Govt. of A.P. and others, 2001 SCC OnLine AP 942. the Division Bench of Andhra Pradesh High Court, speaking through (S. B. Sinha, C.J. as His Lordship then was ) observed that a park provides for some lung space. It is well settled that the community requires certain lung space and may also use open space for sports and other recreational activities. Parks or wetlands are also necessary for maintaining ecological balance. The doctrine of public trust applies to the park wherefor, the open space is earmarked for the park, and it becomes the statutory duty of the local authorities and other statutory bodies to maintain the same. 26. The Petitioner has averred, and the same is not at least disputed before us, that a family of village Carmona in fact gifted the property where the recreational facility has been set up to the Government for setting up a school and recreational and educational use of the villagers. The Panchayat, or may be the Government, has spent public funds to put up this recreational facility for the benefit of members of the public, particularly the children and senior citizens. 27. The Government and the Panchayat should work in tandem to ensure that this facility is maintained properly so that the members of the public for whose benefit it has been created can enjoy the same. There is no question of keeping open this recreational facility only during office hours. Most people are busy with their services during office hours and cannot use this recreational facility. Before the high-handed action, the use of this facility was not restricted only during office hours. The users of these facilities can be office goers and school children, who may not, for obvious reasons, be able to use such facilities during office hours effectively. The weather is also generally conducive for using such facilities in the early mornings and evenings. Several people can effectively access such facilities on weekends and holidays. 28. Therefore, to shut out such facilities precisely on such days and at such timings and offer to keep them open during 'office hours only' sounds arbitrary. The weather is also generally conducive for using such facilities in the early mornings and evenings. Several people can effectively access such facilities on weekends and holidays. 28. Therefore, to shut out such facilities precisely on such days and at such timings and offer to keep them open during 'office hours only' sounds arbitrary. In this way, the public facility created out of public funds cannot be wasted. Of course, some reasonable timings can always be provided by the authorities so that there is scope for maintenance and upkeep of such facilities or so that such facilities are not misused. But this is far from keeping such facilities open only during office hours or on office working days. 29. The public servants must remember that they are employed for the service of the public. Therefore, the issues of timings and closure must be decided by focussing on the people's needs and welfare. If the officials have to make any adjustments or work shifts, that must be considered rather than prejudice the public interest. The primary focus can certainly not be on their convenience or comfort. 30. In this regard, we understand that even some sports stadia, museums, and libraries operated by the Government or the public authorities keep such facilities open for a limited time. In particular, such facilities are closed on weekends or holidays. We do hope that this is not so. But if it is, then we earnestly urge the authorities to consider that on account of employment or other livelihood engagements, it may not be possible for the public to access such sports stadia or museums on working days or during usual work hours. Moreover, even the school students may not be able to access such facilities created out of public funds during school hours. 31. Therefore, we think there should be serious consideration on the issue of keeping such sports stadia, parks, museums, libraries, and recreational places created from public funds open on weekends and holidays. The usual excuses about the holiday for staff etc. can always be overcome by providing shifts. The Government and public authorities should encourage the public to utilize sports stadia, public parks, and recreational facilities created from their own funds. 32. The usual excuses about the holiday for staff etc. can always be overcome by providing shifts. The Government and public authorities should encourage the public to utilize sports stadia, public parks, and recreational facilities created from their own funds. 32. In these times, where most people are involved in their routine livelihood activities or are glued to electronic devices, there is an enhanced need to encourage the user of sports stadia, parks, museums, libraries and recreational spaces. Therefore, in this matter, we wholeheartedly appreciate the intervention of the Hon'ble Chief Minister to see that this particular park and recreational facility was opened. Despite the intervention, however, the Medical Officer did not open the lock on a specious plea that the Panchayat was yet to appoint a caretaker or watchman. Thus, the Panchayat and the Medical Officer, together, defied the Chief Minister's timely directives and deprived the members of the public of the facility created out of public funds. 33. The communication dtd. 14/1/2022 addressed by the Panchayat to the Medical Officer was entirely uncalled for. The communication is vague and ambiguous. In any case, the Panchayat had no business to request the Medical Officer to lock out the facility. The Panchayat and the Medical Officer should have sorted out the issue of maintenance, cleanliness of toilets, and security. However, by shifting the blame on each other, the two authorities could not have closed down the facility and deprived the public of their right to use the same. 34. Mr. Priolkar, no doubt, on instructions from the Medical Officer who was present in the Court, pointed out the breakage of some lights or taps. Assuming that some miscreants were involved in the breakage of some lamps or fixtures, the authorities should have focused on preventing such breakages. But locking out a park and the recreational facility was certainly not a solution. This almost amounts to throwing out the baby along with the bath water. In any case, the breakage of one or two tube lights or taps in the toilets can hardly be a ground entitling the Medical Officer to lock out a public facility. Therefore, his action of locking out the recreational facility was indeed high-handed, disproportionate, and not supported by Law. 35. The Panchayat is also duty bound to take steps to provide clean toilets and provide water and electricity in the toilets and the park and recreational facility. Therefore, his action of locking out the recreational facility was indeed high-handed, disproportionate, and not supported by Law. 35. The Panchayat is also duty bound to take steps to provide clean toilets and provide water and electricity in the toilets and the park and recreational facility. By our interim order dtd. 23/8/2022, we had issued directions to the Panchayat to take steps to provide these basic amenities. In addition, we had directed the Medical Officer to open the lock by the interim order. 36. Mr. Priolkar states that the Medical Officer has complied with this direction. However, he points out that the Panchayat is yet to comply with our direction to ensure that community toilets are cleaned and sufficient water supply therein. Therefore, the Panchayat must take the necessary steps to maintain this facility and the toilets therein. The State must also assist the Panchayats, particularly in restoring connections and maintenance. 37. Accordingly, we make absolute our interim order dtd. 23/8/2022. We dispose of this petition by directing the Respondents to keep the park and recreational facility open for the public at least from 06.00 a.m. till 10.00 p.m. each day. This is until the concerned authorities adopt some reasonable policy decision according to Law, on timings. The Panchayat should also ensure that the community toilets are cleaned and that there is sufficient water supply and electricity supply therein. The Panchayat and the State Government should also discuss the issue of appointment of suitable caretaker/watchman and take necessary action in that regard. The State, through its local police, has already commenced beat rounds. This is appreciated, and we hope will continue till found necessary. 38. The rule is made absolute in the above terms. The learned Additional Government Advocate is requested to furnish a copy of this Judgement and Order to the Panchayat concerned, the Director of Panchayats and the Chief Secretary or Sports Secretary so that our observations about timings etc., of public facilities, can be duly considered. There shall be no order for costs.