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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Aastha Ramlila Committee (Regd.) - Appellant
Versus
Delhi Development Authority - Respondent
W.P.(C) 13273 of 2022 & CM Appl. 40247 of 2022 (for interim relief)
Decided On : 20-09-2022
Public parks may be utilized for cultural celebrations under specific regulations, as outlined by previous Supreme Court directions and administrative orders.
Headnote:(A) Societies Registration Act, 1860 - Use of public parks for cultural celebrations - Directions of Supreme Court in M.C. Mehta vs. Union of India, (2009)17 SCC 683, regarding the restrictions on park usage - Petitioner society was granted permission for celebrations based on prior issuance of permissions and the DDA's obligations under its own Office Order dated 22.08.2022. (Paras 4, 6, 8)
(B) Public Parks - Restrictions on usage - Public parks in Delhi cannot be reserved for commercial purposes, but can be used for cultural celebrations under certain conditions, reflecting a balance between public use and cultural practices. (Paras 4, 6)
Facts of the case:
The petitioner society has been conducting Ramleela and Dusshera celebrations since 2014 and sought permission to continue at a specified venue, citing prior approvals from DDA and relevant Supreme Court guidelines.
Findings of Court:
The court found merit in the petitioner’s claim based on the DDA's prior office orders allowing reservations for specific cultural events.
Issues: Whether the petitioner can be permitted to hold celebrations in the park despite DDA's rules against commercial use of public parks, and the implications of previous orders.
Ratio Decidendi: The court emphasized that based on the DDA’s own office order, the petitioner society could hold their celebrations, provided they adhered to the stipulated safety and regulatory measures, thus affirming the importance of prior approvals received by the society.
Result: Petition disposed of with permission granted for the celebration.
| Table of Content |
|---|
| 1. writ petition for celebration permissions (Para 1 , 2) |
| 2. citing previous court decisions on park usage (Para 3 , 4) |
| 3. dda's order on reserved sites for ramleela (Para 5 , 6) |
| 4. court grants permission for celebrations (Para 7 , 8) |
| 5. final order and disposal of petition (Para 9 , 10) |
JUDGMENT
1. Present writ petition has been filed with the following prayers:
"A. Issue a writ of mandamus directing the Respondent to grant permission to the petitioner society to hold Ramleela & Dussehra celebrations from 24/09/2022 till 05/10/2022 at Dr Hedgewar Park (Tanki Wala Park), Saraswati Garden, Kirti Nagar, New Delhi-110015;
B. Allow the petitioner to hold Ramleela & Dussehra celebrations at Dr Hedgewar Park (Tanki Wala Park), Saraswati Garden, Kirti Nagar, New Delhi-110015"
2. Learned counsel for the petitioner submits that the petitioner Society is duly registered under the Societies Registration Act, 1860 since the year 2006. It has further been submitted that the petitioner Society is holding Ramleela and Dusshera celebrations in the same park since 2014. It has further been submitted that earlier DDA had been granting permission to hold Ramleela and Dusshera celebrations at the same venue.
3. Learned counsel for the petitioner submits that even the Supreme Court in its order in Civil Appeal No.15182/2021 titled North Delhi Municipal Corporation vs. President Budhela Welfare Association & Anr., has inter alia clarified that the directions of the Supreme Court in M.C. Mehta vs. Union of India, (2009)17 SCC 683, with regard to the use of parks shall strictly be adhered to and in no circumstances, shall use of parks for the purposes as mentioned in the said judgment be permitted for more than 10 days in a month.
4. Learned standing counsel for DDA in it's counter-affidavit has submitted that public parks in Delhi cannot be used for marriage/commercial purposes. Reliance has been placed upon the judgment in M.C. Mehta vs. Union of India, (2009)17 SCC 683.
5. Learned counsel for the petitioner has invited the attention of this Court to the list submitted by Delhi Dharmik Mahasangh (Annexure-14) where the name of the petitioner Committee appears at item No.20. Further attention has been invited of this Court to the Office Order issued by DDA dated 22.08.2022. The Officer Order dated 22.08.2022 is reproduced as below:
"DELHI DEVELOPMENT AUTHORITY
INSTITUTIONAL LAND BRANCH
A-216, Vikas Sadan INA, New Delhi-110023
E-3061
F.8(18) 15/IL/851
Date:22/08/2022
Office Order
In compliance to the decision taken in the meeting held under the Chairmanship of Hon'ble Lt. Governor on 05.08.2022, it has been decided that in respect of Ramlila Committees affiliated to Delhi Dharmik Mahasangh (Federation of Religious Committees) Security deposit of Rs.15/Sqm. would be levied irrespective of the size of plot for organizing religious functions, including Ramlila. The list as provided by Delhi Dharmik Mahasangh, Ramlila Committees along with details of Place, Ground etc. is as per Annexure. This (reduced) security deposit rate shall be applicable only in respect of the specific grounds, Committees and Functions as per the Annexure. For booking of other grounds or by other organizations or for other functions, security deposit as per standard policy will be applicable.
Further, it has also been decided that based on the list provided by Delhi Dharmik Mahasangh (Federation of religious committees), these specific sites would be reserved for the period from 6th September, 2022 to 15th October, 2022 for these Committees only, so that the specific sites are not booked for any other social and cultural function by any other Organizing committee through the online mode.
All concerned are requested to take immediate action accordingly for the smooth implementation of the above-mentioned directions. Other terms & conditions will remain the same as per the existing policy.
This issues with the approval of Competent Authority.
Encl: List and oth
