High Court provide relief to Mormugao Municipal Council Over Food Street Project in Vasco’s Children’s Park

High Court provide relief to MMC Over Food Street Project in Vasco’s Children’s Park

Vasco da Gama, Goa – April 15, 2025

In a significant development, the Bombay High Court at Goa issued stern observations against the Mormugao Municipal Council (MMC) and the Goa State Urban Development Agency (GSUDA) for the controversial conversion of a part of Vasco’s historic children’s park, “Parque Infantil,” into a commercial food street hub. The decision came in response to a Public Interest Litigation (PIL) filed by Mr. Nazir Khan, a local businessman and resident of Vasco.

Background of the Case

The PIL (Writ Petition No. 1956 of 2024) challenged the ongoing construction activities inside the children’s park, which was originally established in 1939 during the Portuguese regime and has since served as the only public recreational park for children in the city. The petition contended that the MMC and GSUDA, under the pretext of implementing the Central Government’s “100 Food Streets” initiative, began erecting 12 food stalls and other infrastructure within the park without proper legal sanction.

Mr. Khan, represented by Advocate Bhargav Khandeparkar, argued that this construction violated zoning laws and would permanently damage the character and sanctity of the recreational zone.

Court Proceedings and Observations

The division bench comprising Justices Bharati Dangre and Nivedita P. Mehta took serious note of the alleged violations. It was revealed that MMC had handed over 1000 square meters of park land to GSUDA, which in turn awarded a tender worth over Rs. 82 lakh to M/s Suresh Constructions for the project.

While GSUDA and MMC claimed that only 270 square meters adjacent to the park — demarcated by a wire fence — were being used and not the park itself, the court questioned whether such use was permissible under Zone-R of the Outline Development Plan (ODP). Zone-R permits limited construction like single-storey restaurants and public utilities, up to only 5% of the plot’s area.

The court observed:

“Prima facie… the structure and the user therein do not comply with the requirement of Regulation 6A.3.1. A case for interim relief is made out. Till next date, the respondents are restrained from undertaking any activity in the subject structure.”

Arguments from All Sides

While the petitioner emphasized that such commercialization of public recreational land was illegal and detrimental to the public, MMC in its affidavit denied encroachment and stated that the area was vacant and often misused by beggars and anti-social elements. The Council claimed the food street would help rehabilitate the space positively.

Still, the High Court seemed unconvinced by the justification, maintaining that even permissible constructions in recreational zones must strictly follow legal limitations and public interest must prevail over commercial gain.

Judgment and Future Course

The Court issued interim orders restraining all activities at the site and asked the respondents not to proceed without further leave of the court. It also noted that the project, despite claiming to be part of a health mission, risks degrading a vital community space, especially for children.

The case has been closely followed by citizens, local NGOs, and urban planning advocates, many of whom argue that the transformation of parks into food courts reflects a dangerous trend of commercialization of public spaces.

Public Reactions

Local residents have rallied behind the petitioner, with calls to fully restore Parque Infantil and preserve it for future generations.

“This is not just about a food street — it’s about losing our only park for kids. We have enough restaurants. We need green spaces,” said a Vasco resident.

Conclusion

The High Court’s intervention has provided temporary relief for the iconic park in Vasco. As the case proceeds, its outcome could set an important precedent for urban planning and public land use across Goa.