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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Shree Keshav Dharmik Ramlila Committee (Regd.) - Appellant
Versus
Delhi Development Authority - Respondent
W.P.(C) 13472 of 2022 & CM Appl. 40964 of 2022 (stay)
Decided On : 20-09-2022
Public parks in Delhi can be utilized for cultural celebrations by registered societies under specified conditions, as outlined by relevant authorities.
Headnote:(A) Societies Registration Act, 1860 - Order of Delhi Development Authority - Grant of permission to hold cultural celebrations - Petitioner society has held Ramleela and Dusshera celebrations since 1999; has applied for permission with DDA which was not responded to - DDA reserved sites for Ramlila Committees affiliated to Delhi Dharmik Mahasangh with specific terms and conditions. (Paras 2, 5, 7, 9)
(B) Public Parks - Usage restrictions - Public parks in Delhi cannot be used for marriage/commercial purposes as per judgments cited, but specific usage for cultural celebrations permissible under conditions set by authorities. (Paras 5, 9)
Facts of the case:
Petitioner society, duly registered under Society Registration Act, sought permission from DDA to hold Ramleela and Dusshera celebrations at a designated park, which DDA denied citing policies. DDA later issued an order allowing specific sites for affiliated Ramlila Committees.
Findings of Court:
Court permitted the petitioner society to hold celebrations from 24.09.2022 to 05.10.2022, subject to compliance with safety and regulatory norms.
Issues: Main issues include whether the petitioner was entitled to hold the celebrations at the specified site and adherence to applicable regulations.
Ratio Decidendi: The court found that the DDA had initially reserved the sites and previously granted permissions; thus, the petitioner must be allowed to proceed under stipulated conditions.
Result: Petition is disposed of with directions.
| Table of Content |
|---|
| 1. petitioner's request for ramleela permission. (Para 1 , 2) |
| 2. legal context for public park usage. (Para 3 , 5) |
| 3. discussion on dda's office order. (Para 6 , 8) |
| 4. details of dda's site reservation. (Para 7) |
| 5. court's final decision and order. (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 21/09/2022 till 10/10/2022 at Maharishi Dayanand Park (Nepal Wala Bagh) Near Kanhaiya Nagar Metro Station, Tri Nagar, Delhi-110035;
B. Allow the petitioner to hold Ramleela & Dussehra celebrations at Maharishi Dayanand Park (Nepal Wala Bagh) Near Kanhaiya Nagar Metro Station, Tri Nagar, Delhi-110035 from 21/09/2022 till 10/10/2022."
2. Learned counsel for the petitioner submits that the petitioner Society is duly registered under the Societies Registration Act, 1860 since the year 1993. It has further been submitted that the petitioner Society is holding Ramleela and Dusshera celebrations in the same park since 1999. 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. Issue notice. Ms. Manika Tripathy, learned Standing Counsel for DDA accepts notice.
5. Learned standing counsel for DDA has submitted that public parks in Delhi cannot be allowed to use for marriage/commercial purposes. Learned standing counsel for DDA has placed reliance upon the judgment in M.C. Mehta vs. Union of India, (2009)17 SCC 683. Learned Standing counsel for DDA submits that the parks cannot be used for the purpose of holding Ramleela.
6. Learned counsel for the petitioner has invited the attention of this Court to the list submitted by Delhi Dharmik Mahasangh (Annexure-23) where the name of the petitioner Committee appears at item No.35. 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
