Nagpur Improvement Trust, NMC violate norms by allowing restaurant in Sawarkar Nagar park

NAGPUR: The land on which a restaurant has been allowed by Nagpur Improvement Trust (NIT) at Sawarkar Nagar is the layout’s open space reserved for playground in city’s development plan (DP). NIT’s decision, which was not opposed by Nagpur Municipal Corporation (NMC), to develop and run a big restaurant on the land is a violation of the unified development control and promotion regulations (UDPCR).
TOI had on August 22 reported that a private operator appointed by NIT to maintain and run the garden at Sawarkar Nagar had started construction of a restaurant. Citizens had lodged a complaint with city MP and Union minister Nitin Gadkari, whose registered office is located near the garden.

It turned out the civic agency had allowed a big restaurant in the garden, with the operator splitting the garden into two parts, with a gate from Inner Ring Road for the restaurant.
Sawarkar Nagar citizens obtained a copy of the layout plan from NIT, which shows the land is the layout’s open space. There is no provision to use open space for restaurant in UDCPR.
TOI checked user of the land with NMC’s town planning department. The engineers told TOI the land was reserved for playground in the city’s development plan.
As per UDCPR, restaurant or food stalls to the extent of 20 sq m for every 4,000 sq m is allowed in a playground. The area occupied by the operator and being used for construction of restaurant is many times more than this permissible limit. Since appointment in August 2019, the operator has been using another big area of the garden for a nursery, where saplings and garden products are sold.
Citizens of Sawarkar Nagar had strongly opposed the restaurant. They pointed out NMC or NIT have to provide basic amenities like garden to citizens and there is no need to allow commercial activities in public places in residential areas.
TOI had also reported earlier that the operator is not maintaining the garden properly. NMC has not initiated any action and taken decision to continue the agreement signed between NIT and the operator.
Former mayor and BJP leader Sandip Joshi said, “The land was abandoned and NIT planned to gift it to some builder. I, with the help of deputy CM Devendra Fadnavis, ensured development of garden. I had opposed the restaurant. I will continue to oppose restaurant and take efforts that no inconvenience is caused to people.”
Former corporator of Congress Praful Gudadhe said, “NMC’s claim that it has to follow agreement signed by earlier authority — NIT — is bad in law. It may be NIT or NMC, UDCPR has to be followed. If restaurant is not permissible in UDCPR, NMC cannot defend NIT decision, and it can terminate the agreement. Local self governing bodies need to work for the public, not for businesses.”