Residents Welfare Association v. UOI & Ors.

1. Present application has been filed on behalf of respondent/SDMC under Section 151 CPC seeking permission to residents of Sunder Nagar Colony to hold social functions in Park/Lawn No. 1 & 4, situated in Sunder Nagar, New Delhi. 2016:DHC:4874-DB

2. Learned counsel for the SDMC/applicant submits that corporation has been receiving requests from the residents of Sunder Nagar, New Delhi through Sunder Nagar Association (Regd.) to allow them to hold marriages and social functions in the parks situated in the area due to non-availability of any lawn in the area.

3. Notice was issued in the matter.

4. We have heard learned counsel for the applicant and perused the entire record.

5. In W. P. (C) 8582/2009 titled as Residents Welfare Association and Ors. Vs. UOI & Ors., this court vide order dated 02.09.2009 passed the following orders: "Municipal Corporation of Delhi under whose jurisdiction the aforesaid park falls has filed a detailed affidavit in which it has been sated that out of 675 parks under MCD's jurisdiction, only 373 parks were booked for social and marriage functions during the year 2008-

2009. In fact, in the said affidavit a chart has been filed indicating as to how many parks were used for how many days for social, cultural and marriage functions during the year 2008-2009. The said chart is reproduced hereinbelow for ready reference.

1. Zero 302

2. 1 70

3. 2 to 4 86

4. 5 to 10 73

5. 11 to 30 80

6. 31 and above 64 Keeping in view the fact that parks at serial No. 1 to 4 in the aforesaid chart have been used only between on to ten occasions, we direct that these parks shall not be booked/used by MCD for holding marriage and other social and cultural functions beyond 31st December,

2009. Parks at serial No. 5 and 6 will be booked/used by MCD for marriage and other social and cultural functions only till December, 2014. Since, in the MCD's affidavit it has been stated that MCD is in the process of construction of additional community halls, the land owing agency i.e. DDA and the financing agency i.e. Government of NCT of Delhi are directed to extend their full cooperation to MCD."

6. As could be seen, the Municipal Corporation of Delhi filed an affidavit dated 01.09.2009 in W. P. (C) 8582/2009 stating that it was in the process of construction of additional community halls and that after construction of the community halls the parks will not be put to use for marriages/social functions. Placing on record the said statement, this court allowed the MCD to use the park for social/cultural functions till December,