Kailash Sharma vs Nct Of Delhi
2009 Latest Caselaw 1909 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI


+               W.P.(C) 711/2009 & CM Nos. 5907-09/2009


        KAILASH SHARMA                                  ..... Petitioner

                          Through:   Mr. Sunil K. Mittal, Mr. Gaurav
                                     Duggal, Mr. Harsh Khanna and
                                     Mr. Kshitij Mittal, Advocates.

                     versus


        NCT OF DELHI                               ..... Respondent
                          Through:   Ms. Deepa Tiwari and
                                     Ms. Sujata Kashyap, Advocate
                                     for Respondent Nos. 1 to 3.
                                     Mr. Ajay Verma, Advocate for
                                     Respondent DDA.
                                     Mr.Anurag Mangla and
                                     Ms. Nitika Mangla, Advocate for
                                     Respondent Ambience Garden.
                                     Mr. Ashok Bhasin, Senior
                                     Advocate with Mr. Shantanu
                                     Rastogi and Mr. A.K. Sham,
                                     Advocate for applicants in C.M.
                                     Nos. 5907-09 and 6077-80 of
                                     2009.


        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
                           ORDER

% 06.05.2009

1. A resident of Rajpur Khurd Extension, New Delhi has filed this

petition in public interest for issuing directions to the respondents to

implement the policy guidelines of the Government of National

Capital Territory of Delhi (in short „GNCTD‟) approved by this Court

in W.P.(C) No. 14261/2004 in the matter of "Bharushtrachar Virodhi

Sangathan (Regd.) Delhi vs. Lt. Governor & Ors.", and to take

effective steps to see that the smooth flow of traffic is maintained and

there is no congestion on the Chhatarpur Bhatti Mines Road. Further

the petitioner has sought direction to suspend and cancel licensees of

such marriage venues/farmhouses which are carrying on activities in

contradiction and violation of the Provisions of the Delhi Municipal

Corporation Act, 1957 and the guidelines issued in W.P.(C) No.

14261/2004.

2. Chhattarpur Bhatti Mines Road is the main arterial road for

ingress and egress for several villages including Chhattapur Enclave

and Hargovind Enclave. The population of this area is more than 10

lakhs and this road stretches into approximately 6 kms. and caters to

the daily needs of transportation of the residents of the villages. It

appears that in and around 1990, because of the paucity of space,

certain plots were converted into farmhouses and thereafter, were

utilized for the purpose of holding social functions such as marriages

etc. This Court noticing the fact that the farmhouses were being

used indiscriminately and commercially for marriages and other

social functions in gross violation of the norms, rules and regulations

of the Municipal Corporation of Delhi (in short „MCD‟) asked GNCTD

to frame a policy regarding the manner and mode of use of

farmhouses for organizing social functions. The guidelines framed by

GNCTD which were approved by this Court vide its order dated 10th

October, 2007, reads as follows:-

                "1.   Farm    houses     constructed    as     per
                sanctioned building plan and having     sufficient
                parking space (minimum 1 acre for       each 2.5

acre farm area) inside their boundary wall may

apply to the Office of the Zonal Dy.

Commissioner, MCD for holding social functions on their premises. The parking area within the farm houses should be properly demarcated with separate Entry and Exit gates. Farm houses owners shall deply their own security guards to manage the parking within the premises.

2. No parking shall be permitted outside the farm houses on the roadside and in the event of violations, the violators will be prosecuted in accordance with the law.

3. Only such farm houses should be selected which have proper access road from main road to the farm house. The minimum width of the access road to such farm house from the main road should be 60 feet. Farm houses should not be located at a road which ends in a dead end.

4. For each social function, an amount of Rs. 20,000/- per event for farm house of 05 acres and above, and Rs. 10,000/- per event for farm house below 05 acres but not less than 2.05 would be levied by the DDA or the MCD as the case may be. Booking of farm house (s) by MCD may be done through Citizen Services Bureau (CSB)/Internet.

5. A committee under the Chairmanship of the Zonal Dy. Commissioner, with the Asstt. Commissioner of Traffic Police, ACP (Sub- Division), Divisional Fire Officer, the Sub- Divisional Magistrate and a representative of DDA in case of DDA area land, would scrutinize such applications.

6. Permission should be given on rotational basis within the municipal zone so that each farm house is not used for more than 120 days in a year. Permission should be based on factors such as number of guests, approximate number of vehicles, nature of function etc.

7. Farm houses shall take special precautions regarding use of noiseless generators, use of loudspeakers, musical instruments etc., so that noise pollution level remains within the permissible limit in conformity with the guidelines/norms issued by CPCB/DPCC. Similarly, use of fire-crackers

within and outside the farm houses should be within the permissible limit and the air pollution level should not exceed the prescribed limits stipulated by the CPCB/DPCC.

8. No loudspeakers and bands should be permitted beyond 10.00 P.M.

9. Processions and horse-drawn carriage should not be permitted on the roads outside the farm houses.

10. Strict enforcement action should be taken by the concerned authorities against those farm houses that use their premises for commercial purposes without the permission of the DMC Committee.

11. Sanitary conditions should be maintained in and around Farm House during and after the functions and in the event of violation, the violators will be prosecuted in accordance with the law.

12. These instructions/guidelines shall remain in force till further orders and can be reviewed by the Government."

3. The Court further directed that the aforesaid guidelines shall

be implemented and enforced strictly and anybody found violating

the same should be proceeded with in accordance with law. It was

directed that in case there is any violation, the owner of the

farmhouse shall be held responsible and proceedings shall be

initiated against him by the competent authority and his permission

to use the farm house for social functions shall be withdrawn. It was

further directed that DDA, MCD, NDMC, Delhi Police and GNCTD

shall be responsible for proper implementation of the said guidelines.

4. The grievance of the petitioner is that social functions are being

held in all these farmhouses on a daily basis without adhering to the

guidelines which have been approved by this Court in W.P.(C) No.

14261/2004. According to the petitioner, this is causing traffic jams

throughout on the Chhattarpur Bhatti Mines Road resulting in

serious hardship of the residents of the area. Further, according to

him, after such marriages or other functions are over, huge piles of

rubbish, garbage etc. are left on the road by the venue owners which

has become an environmental hazard. The petitioner is, therefore,

seeking strict implementation of the guidelines.

5. On behalf of the GNCTD, a counter-affidavit has been filed

stating that steps have been taken to comply with the approved

guidelines in accordance with the order dated 10th October, 2007

passed by this Court. It is stated that survey of each farmhouse in

Chhattapur area has been conducted and it has been revealed that

out of 32 farmhouses, 16 are not complying with the guidelines

framed by the GNCTD and accordingly, these farmhouses are not

permitted to conduct any social function as they are not having

adequate parking space, space for entry/exit of the vehicles inside

the farmhouses and this is resulting in very heavy traffic congestion

particularly during the marriage season. It has been stated that

major traffic points have been located and it is further stated that one

Hydraulic Crane and two small Cranes will be at the disposal of

TI/Mehrauli to remove the vehicles obstructing smooth flow of traffic.

It is also stated that additional staff will be posted at Chhattarpur

Bhatti Mines road to ensure strict compliance of the guidelines and

that DCP South District has been requested to provide adequate force

to assist the traffic police for the smooth flow of traffic during the

wedding season.

6. Learned counsel appearing for the MCD submitted that the

MCD has carried out inspection in respect of 29 farmhouses

mentioned in the petition and out of 29 only 6 have sanctioned plans.

He submitted that 23 farmhouses which were carrying on activities

contrary to the guidelines have been sealed by the MCD. He

submitted that as far as agricultural lands are concerned, there is a

complete prohibition against any non-agricultural activity under the

MPD 2021 and as far as the farmhouses which are not having

sanctioned plans, no functions can be held unless they comply with

the rules and obtained the sanctioned plans from the municipal

authorities. As far as sanctioned farmhouses are concerned, he

submitted that permission will be granted subject to compliance with

the guidelines. The learned counsel also submitted that the

hotels/motels, which are also conducting the social functions in

violation of the rules and norms of the MCD as well as the policy

guidelines of GNCTD, will be proceeded against and appropriate

action will be taken against them including action of sealing the

premises. He submitted that some of the farmhouse owners have

filed undertakings before the MCD stating that they will not conduct

any social function in their farmlands and have prayed for de-sealing

of their premises. He submitted that the MCD will consider the

prayer for de-sealing and pass appropriate orders in accordance with

law.

7. The MCD and GNCTD as well as the Police Department are

directed to take all necessary steps to ensure the full compliance with

the guidelines laid down by this Court vide its order dated 10th

October, 2007.

8. The Registrar General of this Court is directed to nominate two

officers of this Court as Court Commissioners, who shall conduct

surprise inspections and file periodical reports in this Court with

regard to the agricultural lands, farmhouses and hotels/motels on

Chhattarpur Bhatti Mines Road and in case, any such breach is

brought to the notice of the MCD/Police Department, appropriate

action shall be taken against the concerned parties.

9. Let the Police Department and the MCD file further action

taken report before this Court on or before 26th May, 2009, and the

matter be listed on 27th May, 2009.

10. A copy of this order be given dasti to learned counsel for the

parties.

CHIEF JUSTICE

NEERAJ KISHAN KAUL, J May 06, 2009 sb