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2004 Supreme(Del) 181

High Court Of Delhi
RESIDENTS WELFARE ASSOCIATION ASHOK VIHAR - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
.
Decided On : 03/09/2004

Advocates Appeared:
ANSUYA SALVAN, ASHOK GURNANI, NAVIN R.NATH, S.R.Bhatt

Headnote:Constitution of India, 1950 - Article 226 — Writ Petition challenging the use of park for the purpose of Ram Lila — Likely destruction of ornamental space — About 1732 fully grown trees in the park — Held that endeavor should be made to preserve it — Allotment for the purpose of Ram Lila quashed — Review petition seeking directions to use 10000 Sq. Mtrs. Area not developed as park — Permission granted by court in view of paucity of time to reallocate Ram Lila — Held that review order does not recall earlier order but merely modified the order as temporary measure.

VIKRAMAJIT SEN, J.

( 1 ) THE Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution praying for the issuance of a writ quashing the decision of the Delhi Development Authority (DDA) declaring a part of Baba Khimman Singh Park as a function site where, inter alia, the Ram Lila has been held each year.

( 2 ) SOME other Petitioners had in similar circumstances had approached this Court in CW 5056/2000, which came to be disposed of by the following Orders

"cw 5056/2000 and CM 7786/2000. Rule. It has been contended by Mr. Chandhiok, learned senior counsel for the petitioner that the Minster for Urban Development on 27. 4. 2000 on the representation of the residents of the Wazirpur Village, Phase-I, Ashok Vihar, Delhi has directed the Vice-Chairman of DDA that regional park of Ashok Vihar be not allowed for holding marriages as the entire green area has been ruined and permission already given should be cancelled. In spite of that the respondent/dda granted permission to hold Ram Lila. It seems that after the order was passed by the Minister for Urban Development a note dated 21. 7. 2000 has been put up (which is at page 62) by one B. D. Ram, Director (Horticulture) North who granted permission to hold Ram Lila in the regional park at the recommendation of Local MLA and on no objection from the General Secretary of the resident welfare association. It seems that permission was granted to hold the said Ram Lila from 20th September, 2000. However, it seems that organisers of said Ram Lila started demolishing boundary wall and started pinching of tents on 9. 9. 2000. Moreover, they beat security guard of the respondent for which an FIR was lodged by one Rajinder Singh, Supervisor on 9. 9. 2000. Again an FIR was lodged with the SHO of Ashok Vihar Police Station on 12. 9. 2000 that tent items are lying in the park and the workers are installing the tents. The whole problem has been created by the respondents themselves. The regional parks, ornamental parks and parks where lot of public money has been spent for plantation, beautification etc. , as a matter of policy and principle, should not be allowed to use for any marriages, religious or social congregation as on account of many people visiting such functions lot of public money and labour, which have been spent, goes down the drain. These parks have been developed as green lungs for citizens of Delhi. All endeavour should be made to preserve it. Permission to hold such kind of functions should be given in those grounds where no such ornamental parks have been laid for the welfare of the residents. It has been contended before me by the learned counsel for the petitioner that there is enormous space available nearby the DDA office, Ashok Vihar till Haryana Canal and there are other sites also which could be utilised for staging Ram Lila. It has been further contended by learned senior counsel for the petitioner that there are about 1,732 trees which have been fully grown and which are serving as a healthy lung to the people who are living in that area in the park where Ram Lila has been allowed to be staged. On the other hand, learned counsel for the respondent says that the park is in the list where such functions are allowed. I am of the considered opinion that in order to save these ornamental parks from destruction and to provide cleaner air and better environment respondents be directed not to give the park in question for staging of Ram Lila, The respondents may grant allotment of other open spaces. Therefore, I direct the respondents not to grant permission for staging Ram Lila or any such functions at the said park. In any event of the matter, in this particular case, the respondent had allowed the Ram Lila by an allotment of the park from 20. 9. 2000. The organiser of the said Ram Lila by demolishing boundary wall and thereby taking forcible possession of the park on 9. 9. 2000, for which an F. I. R. had been launched by the









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