Shri Dharmik Sabha (Regd.) vs Commissioner Of Delhi Police And ...
2001 Latest Caselaw 1689 Del

JUDGMENT

Manmohan Sarin, J.

1. By this common order, I would be disposing of CW.No. 6211/2001, filed by Shri Dharmik Sabha as also CM. 1051/2001, filed in CW. 5288/2000 by the petitioner therein, Shri Dharmik Ramlila Committee, as these relate to the issue of holding of Ramlila and Dussehra functions at Mahavir Swami Park, Kailash Nagar, Delhi.

2. For an appreciation of the controversy involved, some of the relevant facts may be noted:-

CW.No. 5288/2000 had been filed by Shri Dharmik Ramlila Committee, seeking allotment of the entire Mahavir Swami Park to the petitioner Society and for cancellation of the permission granted to respondent No. 4 i.e. Shri Dharmik Sabha for holding Ramlila in half of the ground in the said park.

3. Rule was issued in CW.No. 5288/2000 on 27.92000. The learned Single Judge also disposed of CM. 8164/2000, filed by the petitioner, seeking an order for holding the Ramlila celebrations in the entire ground and a prohibition on respondent No. 4 from holding parallel celebration in half of the said park. The learned Single Judge disposed of the application permitting the Ramlila to be organized by the petitioner/Dharmik Ramlila Committee under its management while respondent No. 4 was to provide all the artists for the smooth conduct of the Ramlila. Ramlila was directed to be organized in a spirit of cooperation by both the groups jointly.

4. This year again the Petitioner moved an application CM. 1051/2001 in CW.No. 5288/2000, claiming that the petitioner Society had been holding such celebrations since 1987 and was thus entitled to hold the same, as against respondent No. 4, which is a newly constituted society. Petitioner by the said application also sought directions to MCD to grant permission for holding of the celebrations and for a direction to cancel the alleged permission, granted to respondent No. 4, Shri Dharmik Sabha.

5. CW.No. 6211/2000 has been filed by Shri Dharmik Sabha, claiming that it had been duly granted permission on 20.9.2001, by the MCD to hold the Ramlila from 1.10.2001 to 30.10.2001. It is claimed that the petitioner Shri Dharmik Sabha is a duly registered Society and has already conducted the Bhoomi Pujan in the presence of the Mayor of Delhi. Directions are sought in the writ petition to the Police Authorities to issue the "No-Objection" since it was one of the conditions of the permission granted by MCD. It may be noted that MCD also issued a communication dated 4.10.2001, stating that since the petitioner in CW.No. 6211/2001 Shri Dharmik Sabha, had failed to produce the "No-Objection" by the Police Authorities and the order of revocation, which are sought to be assailed by the petitioner. Shri Dharmik Ramlila Committee has also moved CM. 10857/2001 in CW.No. 6211/2001 for impleadment.

6. It is in this background, I heard counsel for the parties at length. Counsel for Shri Dharmik Ramlila Committee, Mr. J.K. Chawla, at the outset submitted that they are still willing to hold joint Ramlila Along with Shri Dharmik Sabha, respondent No. 4 in CW.No. 5288/2000 and petitioner in CW.No. 6211/2001. This Bench after hearing counsel for the parties, emphasised the desirability of eschewing differences on a matter like this. On 15.10.2001 counsel for the parties sought further time to arrive at an amicable settlement. Ms. Avnish Ahlawat, advocate, was requested to help and mediate in the matter.

7. After hearing counsel for the parties and the office bearers of Shri Dharmik Ramlila Committee and Shri Dharmik Sabha, I find that it is the desire to control and manage, fuelled by personal egos, which was coming in the way of holding Ramlila jointly and in a manner consistent with ethos of Hindu Religion.

8. Mr. J.K. Chawla, Ms. Kum Kum Jain and Ms. Avnish Ahlawat, advocates, had put in their best endeavor to reconcile these differences. At once stage, it appeared that if these differences continued in a high charged atmosphere, the action of the police in declining the issuance of "No-Objection" to Shri Dharmik Sabha was perhaps justified on account of apprehension of breach of peace due to the infighting in the two Societies.

9. After considerable deliberations, Mr. J.K. Chawla, counsel for the petitioner in CW.No. 5288/2000 on instructions from Mr. Ravinder Goel and Mr. Arun Gupta, office bearers, states that they would eschew all their differences and jointly hold the Ramlila. Ms. Kum Kum Jain, counsel for the petitioner in CW.No. 6211/2001 on instructions from Mr. Suresh Khandelwal, President of Shri Dharmik Sabha, reciprocate the same sentiments. With a view to facilitate the smooth functioning and running of the Ramlila and Dussehra celebrations, with the consent of the parties, the following Co-ordination Committee is constituted:-

Mr. Suresh Khandelwal - Chairman;

Mr. Ravinder Goel - Vice-Chairman;

Mr. Mukesh Swami - Member;

Mr. Arun Gupta - Member; and

Pt. Radhey Shyam - Member.

10. The Committee shall take steps to organise and hold the Ramlila and Celebrations in a spirit of co-operation. Shri Dharmik Ramlila Committee as well as Shri Dharmik Sabha both agree to pull in their resources for making the function a success. All routine matters will be decided by the Committee by majority view. However, in case of any major bottle-neck or difficulty, Mr. J.K. Chawla and Ms. Kum Kum Jain, advocates shall intervene to amicably resolve the matter. In case the differences still persist, the decision of Ms. Avnish Ahlawat, advocate, shall be final and binding on the Committee and the parties.

11. The banners of both the Organisations/Society shall be put stating that Ramlila is being jointly held. The banner of respondent No. 4 Shri Dharmik Sabha would appear first.

12. The Co-ordination Committee shall endeavor to utilize the services of the artists, as arranged by respondent No. 4 as well as those by Pt. Radhey Shyam.

13. The aforesaid order is passed with the consent of the parties.

14. Ramlila and Dussehra celebrations shall be permitted to be organized by MCD and police in terms of the aforesaid order and under the directions and control of the Committee, as constituted. The holding of Ramlila and Dussehra celebrations shall be subject to the usual terms and conditions to be complied with.

15. CM. 1051/2001 in CW.No. 5288/2000 and CW.No. 6211/2001 stand disposed of.

16. A copy of the order be given dusty to counsel for the parties.