W.P.(C) No.2345/2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 6^th May, 2015

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W.P.(C) No.2345/2014 & CM No.5406/2015 (of Amicus Curiae for

directions)

COURT ON ITS OWN MOTION

..... Petitioner

Through:

Mr.

Nidhesh

Gupta,

Sr.

Adv.

(Amicus Curiae) with Mr. Tarun

Gupta and Mr. Avijit Mani Tripathi,

Advs.

Versus

UNION OF INDIA THOUGH: MINISTRY OF URBAN

DEVELOPMENT & ORS

..... Respondents

Through:

Mr. Amit Mahajan, CGSC for UOI.

Mr.

Raman

Duggal,

Adv.

for

GNCTD.

Mr. Ajay Arora, Adv. for MCD.

Mr. Sanjeev Sabharwal, Adv. for

DDA.

Mr. Anil Grover and Ms. Divya Jain,

Advs. for NDMC.

Mr. Balendu Shekhar and Mr. Vivek

Jaiswal, Adv. for EDMC with Mr.

Jaypal, Dy. Director (Horticulture).

Mr. Sunil Satyarthi, Adv. for R-

9/Delhi Cantonment Board.

Mr. Rahul Arya, Adv. for applicant

People‟s Action.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

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W.P.(C) No.2345/2014

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RAJIV SAHAI ENDLAW, J.

1. This petition was registered taking cognizance of the letter dated 12^th

April, 2014 of Hon‟ble Mr. Justice Kurian Joseph, Judge Supreme Court of

India regarding the deplorable state of affairs in the Children‟s Park near

India Gate and the Lake Park near Sarojini Nagar / opposite Laxmi Bai

Nagar, Type IV Quarters and suggesting that the Delhi Legal Services

Authority addresses the issue, so that the human rights of the children to get

a congenial atmosphere in these parks befitting their age and dignity are not

violated.

2. Notice was issued to the Ministry of Urban Development,

Government of India, Govt. of National Capital Territory of Delhi

(GNCTD), Central Public Works Department, New Delhi Municipal

Council (NDMC), Delhi Development Authority (DDA), East Municipal

Corporation of Delhi, North Municipal Corporation of Delhi, South

Municipal Corporation of Delhi and Delhi Cantonment Board and vide

order dated 16^th April, 2014 direction was issued to the NDMC to ensure

that immediate steps are taken in repairing the broken / damaged playing

equipments, swings and other facilities in the aforesaid two parks and for

upgrading and maintaining the same. Mr. Nidhesh Gupta, Senior Advocate

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W.P.(C) No.2345/2014

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was also requested to assist the Court as an Amicus Curiae.

3. Thereafter also from time to time, directions were issued and the

various authorities filed status reports before us. The learned Amicus

Curiae, in exemplary discharge of his duties and we must say, at the expense

of his time and money, visited a large number of parks in Delhi and

photographed them to demonstrate the prevalent state of affairs to us. He

demonstrated that the status reports filed before us were deceptive in

inasmuch as on closer scrutiny it was found that the swings and slides and

other equipment installed in the various parks continued to be broken and

not well maintained and thereby not only depriving the children from use

thereof but also posing a safety hazard to them.

4. We vide our order dated 16^th July, 2014 asked all the agencies

concerned, to suggest long term measures to tackle the issue and to ensure

that a permanent machinery is in place, so that even without supervision of

the Court, the children get their due. Attention of all concerned was also

invited to an experiment done for some years, of vesting the maintenance of

children park at India Gate in Maruti Udyog Limited and during which time,

the users thereof had found the park to be better maintained than being

earlier done by the local authorities. We had in the said order asked all the

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agencies to consider the feasibility of so entrusting the maintenance and

upkeep of the parks either to philanthropic organizat