A businessman is using two-thirds of the park for nursery business, claiming that he leased the area from municipality authorities.

Now the park is off-limits to people including children as the lessee has erected several sheds for his nursery. He hung a big sign board reading Poura Nursery.

The park was built in 1985 to create recreation facilities for townspeople and enhance beauty of the hill town. It was inaugurated by the then Brigade Commander Mohammed Anwar Hossain on August 25, 1985.

"I leased the area in 2005 for three years to set up a nursery. I am paying a monthly rent of Tk 300 to the Pourasabha", lessee Md. Mozaffar Ahmed told this correspondent on Saturday.

"Off course, the municipal authorities can cancel the lease any time because this is a government land", he said.

Mozaffar said the area was leased after the municipal authorities stopped construction of a community center following protests by local people and environmentalists and a stay order by court. The protests followed felling of several big trees in the park for construction of the planned community centre.

The municipal authorities called a tender to construct a community centre at a cost of Tk 12 crore at park in 2004. The work was started in the same year but was stopped in the face of protests and a stay order by court following a writ petition by Bangladesh Environmental Lawyer Association (BELA), sources said.

The municipal authorities also filed a petition against the writ but the court dismissed it.

In last two years, many illegal structures have sprang up in the park as there is none to take care of it.

The nursery owner erected fences around two-thirds portion of the park and his workers do not allow us to enter," school student Md. Iyasir Arafat lamented while talking to this correspondent during a visit.

Contacted, former pourasabha chairman Kazi Nazrul Islam said the park should be restored at any cost. The park can not be destroyed for construction of a community centre. The park is part of civics amenities in the tourist town, he said.

Pourasabha chairman Md. Habibur Rahman however said the park land was not leased.

"How can we lease a government land? We have just given permission for raising a nursery on temporary basis.

He said a plan has been prepared for beautification of the park and work will be started when the court stay order is withdrawn.

"We will hold a meeting with the plaintiffs within days. All illegal structures will be demolished when the work begins ", he said .