Full Text
HIGH COURT OF DELHI
Date of Decision: 29th August, 2024
50811/2023 RISHU KANT SHARMA .....Petitioner
Through: Mr. Kanwal Chaudhary, Adv.
Through: Mr.Sanjay Rathi, Mr.Deepak Khatri and Ms.Akansha
Solanki, Advocates for R-4.
Ms.Richa Dhawan, SC for MCD
Mr.Divyam Nandrajog, panel counsel GNCTD
Ms.Manika Tripathy, SC for DDA
Ms. Pratima N.Lakra, CGSC
Mr. Prakhar Vashisht, Advs. es for UOI.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application stands disposed of. CM APPL. 49623/2024
3. This application is moved on behalf of respondents 4 and 5, who are the office bearers of Ramleela Committee, Janakpuri, New Delhi, thereby seeking the following reliefs: “...to allow and grant permission to the respondent No.4 for holding Dushehra and Ramleela religious function from 14.09.2024 to 23.10.2024 thereby directing the ODA/respondent No.2 to allow and grant permission for holding the above religious function,...”
4. Learned counsel for respondent No.2/DDA is present on advance notice as also the learned counsel for the nonapplicant/petitioner.
5. Shorn of unnecessary details, the applicants seek permission to hold/organize Dushehra and Ramleela religious functions on the DDA Park located at Block-B, Janakpuri, New Delhi, claiming that they have been organizing such Dushehra and Ramleela religious functions with much fun and fare from the site in question from last four decades.
6. Mr. Kanwal Chaudhary, learned counsel for the petitioner has urged that no permission should be granted since the DDA is repeatedly allowing the use of its park not sanctioned by the law, for which, he alluded to the order dated 02.09.2009 passed in W.P. (C)501/2006 titled as „Patanjali Shiksha Delhi (Regd.) v. LT. Governor‟, which provided as under: “Present writ petition has been filed in public interest seeking direction against arbitrary, unauthorised and illegal use of public parks for the purpose of marriage, social and cultural functions. Delhi Development Authority has filed an affidavit in which it has stated that it has presently about 3000 parks under its jurisdiction and out of the said parks, DDA is using only 24 parks for marriage and social functions. In the said affidavit, it has been further stated that as on date, DDA has constructed 60 community halls and it is in the process of constructing another 41 additional community halls out of which 17 are under construction and 24 are under different stages of planning. Keeping in view the aforesaid facts, we direct that beyond 31st December, 2014 the said 24 parks under DDA‟s jurisdiction shall not be used for social, cultural and marriage functions. With the aforesaid directions, present writ petition and pending application stand disposed of.”
7. Evidently, the issue of use of the DDA parks for social, cultural and commercial activities has been the subject matter of several writ petitions entertained and decided by this Court. As submitted by learned counsel for the applicants and fairly conceded by the learned counsel for the DDA, several orders have even been passed by this Court in various writ proceedings on the subject of use of the DDA parks for variety of purposes.
8. The long and short of the position, which is undisputed, is that the Division Bench of this Court in the case of Ramleela Committee v. Rishu Kant Sharma, LPA No. 637/2023 dated 05.10.2023, held that an area of 4000 Sq. Mts. in District Park is meant for “multipurpose ground activities” in terms of the MPD-2021[1], which is sanctified by the Zonal Development Plan. It would be apposite to reproduce the observations made by the Division Bench, which goes as under:- Master Plan Delhi-2021 “23. The MPD-2021 in its Clause 4.0 of Chapter 17 Development Code, designates the Use Zones into nine categories like residential, commercial, industrial, recreational, transportation, utility, Government, Public and semi-public facilities and green belt/ and water body. The land use zone “Recreational” is further divided into three sub-categories namely: P-1 Regional Park, P-2 City Park, District Park and Community Park and P-3 Historical Monuments.
24. The “District Park” is defined in Clause 3.2.[2] Hierarchy of Urban Development of Chapter 3.Entry 4 of Table 3.3. provides at Sr. 21 that the District Park shall have a total area of 2,90,000 Sq. Mtrs. In this District Park, the area of 2,50,000 Sq. Mtrs. shall be used as a park while 40,000 Sq. Mtrs. can be used for Multipurpose Ground/ park. Chapter 9 which deals with “Environment”, in its Table 9.[4] defines “Multipurpose Grounds”. It observes that “Experience shows that common parks are fouled if used for marriages/ public functions etc. Therefore, a special category is proposed to take care of the same at three levels in the following manner.” The three categories enumerated therein are: Multipurpose Grounds, District Multipurpose Grounds and Community Multipurpose Grounds. Further, Table 9.[4] further defines “Permission of Use Premises in sub-use Zones” wherein, Entry 4 provides that District Parks may be permitted to be used for Clean Park, Recreational Park, National Memorial, Open Air Food Court, Children Park, Orchard Plant Nursery, Area for water harvesting, Archaeological Park, Specialized Park, Amusement Park, Children Traffic Park, Sports activity, play ground, amenity structure, Restaurant in District Park having an area above 25 hectare, is also permitted subject to the requirements stated therein. Entry 6 provides Multipurpose Grounds may be used for public meeting ground/ public address podium/ social function/ soft drink and snacks stalls etc.
25. The various provisions of the DD Act, 1957 r/w. Rules 1958 and MPD-2021 as mentioned above, make it evident that Delhi is defined into various zones like residential, commercial etc. where one of the zone defined is that of the “Recreational Park” which includes setting up of City Park, District Park and Community Parks. It further defines that District Park should have an area of 2,90,000 Sq. Mtrs., out of which 2,50,000sq.Mtrs. shall be used singularly as a Park, while area of 40,000 Sq. Mtrs. may be used as Multipurpose Ground. In the Multipurpose Ground various activities like public functions etc. may be permitted to be carried out. Therefore, MPD-2021 has been finalized and notified by the Central Government in exercise of the powers by invoking Section 11A(2) of the DD Act, 1957 which is done after obtaining the prior approval of Ministry of Urban Development. If the zones are intended to be used in accordance with the provisions of MPD- 2021, the permissions shall also be governed by the procedures as provided in Chapter 17 of the MPD-2021.
26. The basic concern of respondent No.1 has been that despite such minute planning, the District Parks which are the lung spaces of every colony, are being choked by being permitted to be used for other activities. However, as already discussed above, the use of 40,000 Sq. Mtrs. out of the District Park are permitted under the Plan itself to be used as Multi-purpose Grounds.
27. The learned Counsel on behalf of respondent No.1 had claimed that use of District Parks as Multipurpose Grounds amounts to modification of the Master/ Zonal Development Plan and this cannot be done without following the procedure as laid down in Chapter 3A of the DD Act, 1957, which requires prior approval of the Central Government. Further grievance of the respondent No.1 is that even if it is to be considered as the Use Zone change, to which Rule 12 of DD Rules, 1959 applies, which also provides for the prior approval of Central Government.
28. These submissions on behalf of the respondent No.1 do not hold any merit. As discussed above, it is specifically provided in the MPD2021 itself that 40,000 Sq. Mtres area out of 2,90,000 Sq. Mtrs., (which should be the area of District Park) can be used for Multipurpose Ground. This aspect also finds mention in the Minutes of the Technical Committee. It was noted that the “Landscape plan of Green area opposite Musical Fountain, Janakpuri, Dussehra Park” was prepared by the Landscape Wing, DDA and approved by EM, DDA vide file No.PA/Dir (LS)/2002/393 dated 10.09.2002. As per this Landscape Plan, 2.62 Ha has been utilized for two function sites (Function Site No.1 –
0.62 ha and Function Site No.2 – 0.[6] ha). The Landscape Plan of Green Delhi opposite Musical Fountain, Janakpuri Dussehra Park prepared by Landspace Wing, DDA shows that as per MPD-2021 the total area of the scheme is shown as 2.62 hectares (6.47 acres). Even though as per the Order issued by the Director (Horticulture) vide letter F.No.DHNW (Misc.) Hort. NW/2018 dated 20.11.2018 total area is reflected as 10 acres when in fact the area of this District Park shows only 2.62 hectares i.e. 6.47 acres. This area is shown in the Layout Plan of District Park as approved by MPD- 2021, as a multipurpose ground.
29. Since the MPD-21 which is duly notified with due approval of the Central Government, Chapter 17 Sub-clause 8(2) of MPD-2021 becomes applicable which provides for special permission of Use Premises in Use Zones from the Authority and no additional permission of Central Government is required.
30. It was not disputed that this plot of land is lying barren and has no grass and has a few trees around the periphery, apparently since it has been intended to be used as a Multipurpose Ground and has always been so used. It has further not been denied that right in front of this park across the road, is a much bigger District Park which is being used exclusively as a District Park and no function of any kind are being permitted to be held in the said District Park. Prima facie, it appears that while the major portion of the park is being used as District Park, a small portion of that area is being used a Multipurpose Ground, as is reflected in MPD-2021. The entire confusion has arisen because this part of ground is being considered as a District Park which appears to be distinct and exists opposite this Multipurpose Ground. However, without going into this controversy and also considering that the matter is pending before the learned Single Judge to be considered on merits, no final expression on merits is expressed. 31. Admittedly, Shri Ram Leela has been permitted to be held, without creating any equities or precedent, by way of Interim Orders by Division Bench in 2018 as well as 2019 and by the learned Single Judge in the year 2022, because of the peculiar circumstances, as the appellant has been conducting Ramleela on the same ground for the last about 30 years.
32. Considering that the similar situation prevails even today and there is no change in the circumstances since the previous Orders made in this regard, the permission is granted to the appellants to host Dussehra/ Ramleela celebrations on this ground for this current year i.e. 2023 from the date of this Order till 30.10.2023. It is further directed that the Dussehra Mela shall be held in accordance with all the norms applicable as well as by taking all the precautions including safety, traffic, fire arrangement, etc. The appellants shall ensure that no damage or harm is caused to the green cover/ trees already existing in the ground. A concern has been expressed that despite repeated directions of this Court this area continues to be barren with a few trees planted around it. This Order does not in any way vary the directions given by the learned Single Judge in the impugned Order dated 18.08.2023 to the DDA/ Dy. Conservative Forests to plant trees in the part and to take steps for its beautification for the welfare of the residents of the colony.
33. It is hereby reiterated that nothing stated herein is an expression on the merits of this case and is confined to the specific issue of grant of permission to hold the Ramleela for the dates as specified.
34. We accordingly dispose of the Appeal”
9. Incidentally, based on the aforesaid decision by the Division Bench, this Court in an earlier matter of „Sahil Viklang Sahaytartha Samiti v. DDA‟ W.P. (C) 9537/2024 vide order dated 18.07.2024, allowed the holding of Janamashtami Mahotsav.
10. The bottom line is that permission has been accorded from time to time to allow holding of such religious functions at the designated site, which is meant for multipurpose ground activities in the nature of allowing public meetings, public address, podium, social functions, soft drinks, snacks and stalls etc. on the ground.
11. At the cost of repetition, Ms. Manika Tripathi, learned counsel for the DDA, on instructions, states that the DDA has no objection if the applicants are allowed to organize the aforesaid religious functions at the site. Thus, for now, the instant application is allowed and permission is granted to the applicants for holding Dushehra and Ramleela religious functions for a period of thirty days in total starting from 20.09.2024 till 19.10.2024.
12. All said and done, this order may not be treated as a precedent for reference in future since the pleas which have been advanced by the learned counsel for the petitioner deserves to be addressed. The DDA is duty bound to ensure that the park in question is used for recreational purposes not only in letter, but also in the spirit and should be put to effective use in larger public interest.
13. The matter be placed before this Court on 04.11.2024 to consider and supervise the measures that would be undertaken by the DDA for development of the site in question into a fully recreational site.
14. Re-notify on 04.11.2024.
DHARMESH SHARMA, J. AUGUST 29, 2024