Residents' Welfare Association ... vs Delhi Development Authority And ...
2004 Latest Caselaw 243 Del

JUDGMENT

Vikramajit Sen, J.

1. The Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution praying for the issuance of a writ quashing the decision of the Delhi Development Authority (DDA) declaring a part of Baba Khimman Singh Park as a function site where, inter alia, the Ram Lila has been held each year.

2. Some other Petitioners had in similar circumstances had approached this Court in CW 5056/2000, which came to be disposed of by the following Orders

"CW 5056/2000 & CM 7786/2000.

Rule.

It has been contended by Mr. Chandhiok, learned senior counsel for the petitioner that the Minster for Urban Development on 27.4.2000 on the representation of the residents of the Wazirpur Village, Phase-I, Ashok Vihar, Delhi has directed the Vice-Chairman of DDA that regional park of Ashok Vihar be not allowed for holding marriages as the entire green area has been ruined and permission already given should be cancelled. In spite of that the respondent/DDA granted permission to hold Ram Lila. It seems that after the order was passed by the Minister for Urban Development a note dated 21.7.2000 has been put up (which is at page 62) by one B.D. Ram, Director (Horticulture) North who granted permission to hold Ram Lila in the regional park at the recommendation of Local MLA and on no objection from the General Secretary of the resident welfare association. It seems that permission was granted to hold the said Ram Lila from 20th September, 2000. However, it seems that organisers of said Ram Lila started demolishing boundary wall and started pinching of tents on 9.9.2000. Moreover, they beat security guard of the respondent for which an FIR was lodged by one Rajinder Singh, Supervisor on 9.9.2000. Again an FIR was lodged with the SHO of Ashok Vihar Police Station on 12.9.2000 that tent items are lying in the park and the workers are installing the tents.

The whole problem has been created by the respondents themselves. The regional parks, ornamental parks and parks where lot of public money has been spent for plantation, beautification etc., as a matter of policy and principle, should not be allowed to use for any marriages, religious or social congregation as on account of many people visiting such functions lot of public money and labour, which have been spent, goes down the drain. These parks have been developed as green lungs for citizens of Delhi. All endeavor should be made to preserve it. Permission to hold such kind of functions should be given in those grounds where no such ornamental parks have been laid for the welfare of the residents. It has been contended before me by the learned counsel for the petitioner that there is enormous space available nearby the DDA office, Ashok Vihar till Haryana Canal and there are other sites also which could be utilised for staging Ram Lila. It has been further contended by learned senior counsel for the petitioner that there are about 1,732 trees which have been fully grown and which are serving as a healthy lung to the people who are living in that area in the park where Ram Lila has been allowed to be staged. On the other hand, learned counsel for the respondent says that the park is in the list where such functions are allowed.

I am of the considered opinion that in order to save these ornamental parks from destruction and to provide cleaner air and better environment respondents be directed not to give the park in question for staging of Ram Lila, The respondents may grant allotment of other open spaces.

Therefore, I direct the respondents not to grant permission for staging Ram Lila or any such functions at the said park. In any event of the matter, in this particular case, the respondent had allowed the Ram Lila by an allotment of the park from 20.9.2000. The organiser of the said Ram Lila by demolishing boundary wall and thereby taking forcible possession of the park on 9.9.2000, for which an F.I.R. had been launched by the officers of D.D.A. itself, the allotment granted by D.D.A. to hold Ram Lila in that park is quashed. However, respondent is at liberty to allot some other open space for staging the Ram Lila. Rule is made available.

Petition stands disposed of".

3. Subsequent to the passing of these Orders some applications appear to have been filed which were necessitated keeping the imminent Dussehara celebrations in perspective. These applications were disposed of by Orders dated 22.9.2000 i.e. one week after the disposal of the writ petition itself:

"Cms.8596-97/2000 in CW 5056/2000

Notice. Mr. Singh accepts notice on behalf of the Petitioner. Mr. Gupta, learned senior counsel for the applicant has contended that the total area which has been earmarked for development of regional part is 20 acres out of which four acres have been fully developed into a park which could be called an ornamental park. He has also contended that the total area which has been allotted to the applicant is 10,000 sq. mets. in the area which is not developed as a park and therefore, the order passed by this Court on 15.9.2000 with regard to not using the ornamental parks will not come in the way of holding Ram Lila by the applicant as no portion of the developed park will be used for staging Ram Lila.

Ms. Bharti, learned counsel for the respondent/DDA has contended that she herself has visited the site in question yesterday. There are trees all along the boundary wall but in the portion as stated by Mr. Gupta there is no development with regard to either plants or other trees. Therefore, the trees could be carved out to allow the applicant to stage Ram Lila. Mr. Chandhiok has contended that apart from staging Ram Lila there are various types of commercial activities which will be undertaken by the applicant.

Mr. Vinod Kumar Jain, President of Ashok Vihar Ram Lila Committee (Registered), Mr. Shyam Sunder Vasudeva, General Secretary of the Committee and Mr. Chand Kishore Aggarwal, Chairman of the Committee are present in person. They undertake that no commercial activities shall be permitted during this period. They further undertake that they will not allow any single tree to be fallen. No footpath etc. will be damaged. They further undertake that they will restore the park in its original condition when they vacate the ground after using the same for staging Ram Lila. They further undertake that they will have screen put up between the portion which they use for staging Ram Lila and other part of the park so that the park could be saved from persons visiting the said Ram Lila. They further undertake that they will not dig or use any portion of the developed park.

In view of the undertaking of Mr. Vinod Kumar Jain, President of Ashok Vihar Ram Lila Committee (Registered), Mr. Shyam Sunder Vasudeva, Gaeneral Secretary of the Committee and Mr. Chand Kishore Aggarwal, Chairman of the Committee, I allow the respondent/DDA to allot 10,000 sq. mtrs. of the ground in terms of the above said order. I accept the undertaking of the aforesaid persons. They shall be personally bound by the undertaking given to this Court.

With these observations, applications stand disposed of.

dusty."

4. On a plain reading of the above Order it is evident that the Court did not recall or review its Orders dated 15.9.2000 but merely carried out a strictly temporary modification thereto since there was manifestly insufficient time for the DDA to relocate and allot a different site where the Ram Lila could have been held for that year.

5. In these circumstances the entire controversy pertaining to the very Park in question stood conclusively ended in terms of Orders passed by this Court on 15.9.2000. It is not open to this Court to come to a decision contrary to that taken in CW 5060/2000. If the Respondents were aggrieved with that Order an appeal ought to have been preferred. No changes in circumstances have been brought out. A reading of the Orders dated 3.10.2001 in this writ petition also discloses that Manmohan Sarin. J also thought on the same lines as Vijender Jain, J. The Orders of Manmohan Sarin, J read thus:

"W .P. No. 5910 & CM 10148/2001

"Mr. Ashok Gurnani has filed a short affidavit on behalf of respondent no.4. The same is taken on record. Ms. Anusuya Salwan seeks time to file affidavit as well as apprise the court with regard to the topography and status of the green areas in the park. The affidavit would clearly specify the total area of the park, the extent of the developed area and the undeveloped area. Further whether the undeveloped area can be segregated and the extent of vegetation and plants in the undeveloped area be specified. DDA shall also indicate whether apart from the park, in question there are other open areas available in the vicinity of Ashok Vihar or near about, which can be used for Ramlila.

Renotify on 4.10.2001. Records relating decision making process be also produced".

(underlining added)

6. It is my considered opinion that the writ petition has to be disposed of in terms of the Orders passed by Vijender Jain, J on 15.9.2000, with which Orders I am respectfully in complete agreement. Prayers get revived each year near or about the time of Dussehra. In the present case there is sufficient time enabling the DDA to locate a site which can be allotted for carrying out of the Ram Lila in an area where the holding of such celebrations are not prohibited if not specifically allowed. Determination of such a site would depend on permissible land user.

7. For removal of all doubts the DDA is restrained from allotting Baba Khimman Singh Park, Ashok Vihar, Phase III, New Delhi as a function site or as a site for holding the Ram Lila. The DDA is also directed to ensure that any part of the park is not allotted to any person for holding of public or private functions including marriages or any religious ceremonies of any religious faith or denomination.

8. The writ petition is disposed of in the above terms.