The court balanced the rights of the applicant with the need to maintain the public garden by imposing conditions for permission.

1. - This is an application seeking permission for use of a portion of the land at Ramniwas Garden, which was earlier utilised by an organisation known as wonder-land. The application has been filed in view of embargo imposed by the judgment and order of the learned Single Judge in S.B. Civil Writ Petition No. 681/1988 against which the D.B. Civil Special Appeal No. 476/1993 is pending. The learned Single Judge had restricted the use of Ramniwas Garden But left the liberty to anyone to use the garden provided permission is granted to that effect by the Court.

2. It may be stated that applications are filed from time to time seeking permission to use Ramniwas Garden for the purpose of holding religious or cultural functions and for this purpose, the permissions have been granted in the past by the Court for holding such functions after deposit of a specified amount by way of security for the maintenance of the garden.

3. In so far as this application is concerned, it has been moved by an organisation known as Akhil Bhartiya Shri Krishna Satsang Prachar Samiti for holding a religious function on the occasion of Guru Poornima and it has been .requested the permission be granted to utilise the space occupied by wonder - land in Ramniwas Garden and the said function is 'scheduled to be held on 15.7.2008 and 16.7.2008 and hence permission has been sought to use the space earlier occupied by the wonder-land and it has been stated that the said space is totally empty and there is no structure on the said land nor any garden is existing therein.

4. It is an admitted position that the garden is under the supervision and control of the Jaipur Development Authority (for short, the JDA') and the JDA has already granted no objection certificate to the applicant for holding the function on 15.7.2008 and 16.7.2008 for the purpose of celebration of Guru Poornima.

5. The application seeking permission, however, has been objected by one Goverdhanlal who is a party in one of the connected appeals having a bearing on the use and maintenance of Ramniwas Garden and on his behalf it has been submitted that the garden should not be allowed to be used by anyone, including the applicant as it would seriously hamper and affect the maintenance of the garden.

6. We have heard the counsel for the applicant as also the counsel for the respondent - Goverdhanlal and the counsel for the JDA and we have also taken into consideration the orders passed by the Division Bench from time to time in regard to the use of Ramniwas Garden for certain occasions, which were in the nature of culture and religious functions and we have noticed that the Courts have been granting permissions for use of the garden on deposit of amount of security to be used in the event of any damage taking place on account of its use. This Court, in the past also, granted permission for use of a portion of Ramniwas Garden for the purpose of water harvesting system and also for holding Dashhera function on Vijaya Dashmi.

7. As already stated, this application has been filed for use of empty portion of the garden on 15.7.2008 and 16.7.2008 and as we have already granted permission to hold a function for a few hours on Vijaya Dashmi of 2007, we do not deem it just and appropriate to deny this liberty to the applicant, which is keen to hold a function on Guru Poornima Day on 15.7.2008 and 16.7.2008. However, in the past, we have granted permission to the other organisations including the State to hold function only for a day and, therefore, we do not want to extend this permission by increasing the number of days for holding the function as we are conscious of the fact that if days are increased for holding such functions in Ramniwas Garden, there might not be any end to increase of days by several organisations in future hampering the use of the garden for the general public. We, therefore, strive to strike a balance while granting permission to any organisation by granting permission only for