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2009 Supreme(Del) 554

IN THE HIGH COURT OF DELHI
Honble Judges: Ajit Prakash Shah, C.J. and Neeraj Kishan Kaul, J.
Kailash Sharma – Appellants
Vs.
NCT of Delhi – Respondent
W.P.(C) 711/2009 and CM Nos. 5907-09/2009
Decided On: 06.05.2009

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sunil K. Mittal, Gaurav Duggal, Harsh Khanna and Kshitij Mittal, Advs. and Ashok Bhasin, Sr. Adv., Shantanu Rastogi and A.K. Sham, Advs. in C.M. Nos. 5907-09 and 6077-80 of 2009
For Respondents/Defendant:Deepa Tiwari and Sujata Kashyap, Advs. for Respondent Nos. 1 to 3, Ajay Verma, Adv. for DDA and Anurag Mangla and Nitika Mangla, Advs. for Ambience Garden

The main legal point established in the judgment is the strict enforcement of policy guidelines for farmhouses, traffic management, and environmental regulations to prevent congestion and environmental hazards.

Headnote:

Public Interest - Implementation of Policy Guidelines - Delhi Municipal Corporation Act, 1957 - W.P.(C) No. 14261/2004 - [Delhi Municipal Corporation Act, 1957, W.P.(C) No. 14261/2004] - The court discussed the implementation of policy guidelines approved in W.P.(C) No. 14261/2004 regarding the use of farmhouses for social functions, traffic management, and environmental regulations. The key legal provisions discussed include the guidelines for holding social functions at farmhouses, traffic management, noise and air pollution regulations, and enforcement actions against violators.

Fact of the Case:

The petitioner filed a public interest petition seeking the implementation of policy guidelines for farmhouses and the Delhi Municipal Corporation Act, 1957 to maintain smooth traffic flow and prevent congestion on Chhattarpur Bhatti Mines Road.

Finding of the Court:

The court found that several farmhouses were not complying with the approved guidelines, leading to traffic congestion and environmental hazards. The authorities were directed to take strict enforcement actions and ensure compliance with the guidelines.

Issues: Violation of policy guidelines for farmhouses, traffic congestion, environmental hazards, and non-compliance with the Delhi Municipal Corporation Act, 1957.

Ratio Decidendi: The court emphasized the strict implementation of approved guidelines for farmhouses, including parking regulations, traffic management, noise and air pollution control, and enforcement actions against violators.

Final Decision: The court directed the concerned authorities to take necessary steps to ensure full compliance with the approved guidelines and ordered surprise inspections to monitor compliance. The matter was listed for further action taken report.

ORDER

1. A resident of Rajpur Khurd Extension, New Delhi has filed this petition in public interest for issuing directions to the respondents to implement the policy guidelines of the Government of National Capital Territory of Delhi (in short "GNCTD") approved by this Court in W.P.(C) No. 14261/2004 in the matter of Bharushtrachar Virodhi Sangathan (Regd.) Delhi v. Lt. Governor and Ors., and to take effective steps to see that the smooth flow of traffic is maintained and there is no congestion on the Chhatarpur Bhatti Mines Road. Further the petitioner has sought direction to suspend and cancel licensees of such marriage venues/farmhouses which are carrying on activities in contradiction and violation of the Provisions of the Delhi Municipal Corporation Act, 1957 and the guidelines issued in W.P.(C) No. 14261/2004.

.2. Chhattarpur Bhatti Mines Road is the main arterial road for ingress and egress for several villages including Chhattapur Enclave and Hargovind Enclave. The population of this area is more than 10 lakhs and this road stretches into approximately 6 kms. and caters to the daily needs of transportation of the residents of the villages. It appears that in and around 1990, because of the paucity of space, certain plots were converted into farmhouses and thereafter, were utilized for the purpose of holding social functions such as marriages etc. This Court noticing the fact that the farmhouses were being used indiscriminately and commercially for marriages and other social functions in gross violation of the norms, rules and regulations of the Municipal Corporation of Delhi (in short "MCD") asked GNCTD to frame a policy regarding the manner and mode of use of farmhouses for organizing social functions. The guidelines framed by GNCTD which were approved by this Court vide its order dated 10th October, 2007, reads as follows:

1. Farm houses constructed as per sanctioned building plan and having sufficient parking space (minimum 1 acre for each 2.5 acre farm area) inside their boundary wall may apply to the Office of the Zonal Dy. Commissioner, MCD for holding social functions on their premises. The parking area within the farm houses should be properly demarcated with separate Entry and Exit gates. Farm houses owners shall deply their own security guards to manage the parking within the premises.

2. No parking shall be permitted outside the farm houses on the roadside and in the event of violations, the violators will be prosecuted in accordance with the law.

3. Only such farm houses should be selected which have proper access road from main road to the farm house. The minimum width of the access road to such farm house from the main road should be 60 feet. Farm houses should not be located at a road which ends in a dead end.

4. For each social function, an amount of Rs. 20,000/- per event for farm house of 05 acres and above, and Rs. 10,000/- per event for farm house below 05 acres but not less than 2.05 would be levied by the DDA or the MCD as the case may be. Booking of farm house (s) by MCD may be done through Citizen Services Bureau (CSB)/Internet.

5. A committee under the Chairmanship of the Zonal Dy. Commissioner, with the Asstt. Commissioner of Traffic Police, ACP (SubDivision), Divisional Fire Officer, the Sub-Divisional Magistrate and a representative of DDA in case of DDA area land, would scrutinize such applications.

.6. Permission should be given on rotational basis within the municipal zone so that each farm house is not used for more than 120 days in a year. Permission should be based on factors such as number of guests,

.approximate number of vehicles, nature of function etc.

7. Farm houses shall take special precautions regarding use of noiseless generators, use of loudspeakers, musical instruments etc., so that noise pollution level remains within the permissible limit in conformity with the guidelines/norms issued by CPCB/DPCC. Similarly, use of fire-crackers within and outside the farm houses should














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