Delhi High Court
Court On Its Own Motion vs Uoi Through Ministry Of Urban ... on 25 March, 2015
$~11.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.2345/2014 & CM No.5406/2015 (of the Amicus Curiae
for directions).
COURT ON ITS OWN MOTION ..... Petitioner
Through: Mr. Nidhesh Gupta, Sr. Adv. (Amicus
Curiae) with Mr. Tarun Gupta, Adv.
versus
UOI THROUGH MINISTRY OF URBAN
DEVELOPMENT & ORS ..... Respondents
Through: Mr. Amit Mahajan with Ms. Nitya
Sharma, Advs. for UOI.
Ms. Zubeda Begum, Standing
Counsel PWD & GNCTD.
Mr. Anil Grover, Standing Counsel
and Ms. Divya Jain, Adv. for NDMC.
Mr. Sanjeev Sabharwal, Standing
Counsel, DDA.
Mr. Ajay Arora, Adv. for MCD.
Mr. Daleep Kumar Dhyani and Mr.
Rahul Arya, Advs. for applicant
(People's action through its executive
member).
Mr. Sunil Satyarthi, Adv. for Delhi
Cantonment Board.
Mr. Balendu Shekhar & Mr. Vivek
Jaiswal, Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 25.03.2015
1. Mr. Nidhesh Gupta (Amicus Curiae) has handed over in Court in a
sealed envelope copies of the letter dated 5th February, 2005 received by him
from Justice Kurian Joseph, on the basis of letter dated 12th April, 2014
received from whom this petition with respect to the total negligence and
apathy of the agencies concerned of the various children parks in Delhi was
registered.
2. The Hon'ble Judge in his letter dated 5th February, 2015 has expressed
anguish that inspite of this Court being seized of the mater, during the
pendency of these proceedings a child aged five years became a victim in
one of the children's park in New Moti Nagar, Delhi and another young boy
died of electrocution in another park in Delhi. It has further been observed in
the letter that if the various directions issued in these proceedings from time
to time had been complied with, perhaps the said tragedies would not have
occurred. Attention, in the letter, has also been invited to Article 39 (f) of the
Constitution of India and to the fact that India is a party to the Convention
On The Rights Of The Child adopted by the United Nations General
Assembly Resolution of 20th November, 1989 and ratified by India on 11 th
December, 1992 and as per Article 31 of which Resolution "All children
have a right to relax and play, and to join in a wide range of activities".
3. We also are pained to note that the directions issued in our orders
dated 16th July, 2014 and 29th October, 2014 remain uncomplied. Our
personal awareness of the parks in the vicinity of our residences also does
not demonstrate any improvement therein. It is quite evident that even the
little which the agencies who have at least filed their responses / affidavits in
these proceedings, claim to have done is also only on paper and has not
translated on the ground.
4. We are sure that each of the said agencies must be having a huge
budget for maintenance and upkeep of the parks. We wonder where all that
money goes.
5. The learned Amicus Curiae has today in Court handed over
photographs, of the parks near (i) F-75, Type-II Flats, Vasant Vihar, (ii)
Block-72, A to R, Type-II Flats, Vasant Vihar, (iii) Block-67, A to R, Type-
II Flats, Vasant Vihar, (iv) Block 45-49, A to R, Type-II Flats, Vasant Vihar
and (v) Block-56, A to R, Type-II Flats, Vasant Vihar, stated to have been
taken yesterday and which also demonstrate a dismal state, of the play
equipment installed therein being corroded, broken, damaged and the very
existence whereof poses a danger to little children visiting the park. The
parks, instead of appearing to be grassy and green are all shown as patches
of kachcha uneven land with neither any proper vegetation nor any
cleanliness.
6. Mr. Ajay Arora, Advocate for South Delhi Municipal Corporation has
handed over in Court an affidavit along with Draft Guidelines for
development and maintenance of children parks and photographs of some of
the parks. However on earlier occasions such photographs produced before
us have been proved by the learned Amicus Curiae to be not demonstrating
the true state of affairs but being fudged. We are therefore left with no faith
therein. Moreover, the said photographs also do not really show the parks to
be in a state as they should indeed be. We are sure that it is not as if there are
no provision and funds for proper maintenance of the parks. It appears to be
only a case of lack of will of the officials concerned.
7. Finding that inspite of this Court for the last nearly one year having
attempted to draw the attention of the authorities concerned to the issue, the
authorities have not woken up from their slumber, we are left with no
alternative but to direct Vice Chairman, DDA and the Chairperson of the
New Delhi Municipal Committee, South Delhi Municipal Corporation, East
Delhi Municipal Corporation and North Delhi Municipal Corporation, to
personally apprise themselves of these proceedings and to on or before the
next date of hearing file affidavits of compliance of all the directions earlier
issued in these proceedings from time to time and to also furnish the details
of budget allocations with respect to the said parks and utilization thereof for
the last three years. If the same is not done or if the affidavits are not as per
the directions or do not contain the proper particulars, we will have to
summon the personal appearances of the said officials.
8. The learned Amicus Curiae points out that the Draft Guidelines
handed over by the counsel for the South Delhi Municipal Corporation also
do not take into account the suggestions made by him before this Court on
earlier occasions.
9. The counsel for the South Delhi Municipal Corporation states that
revised Guidelines incorporating the said suggestions will be placed on the
next date of hearing.
10. The North Delhi Municipal Corporation, in the park in New Moti
Nagar in whose jurisdiction a five year old child had died due to injury on
head and chest from the iron bar of the swing to, before the next date of
hearing, also place a detailed report on the incident and the preventive
measures taken thereafter.
11. Similarly, the Municipal Corporation within whose jurisdiction in a
park at Vaishali near Pitampura, Delhi Mr. Gaurav Rana, Advocate died
from electrocution to also before the next date of hearing, file a detailed
report also giving particulars of the preventive steps taken thereafter.
12. List on 8th April, 2015.
A copy of this order be given dasti under signatures of Court Master
to all concerned.
CHIEF JUSTICE
RAJIV SAHAI ENDLAW, J
MARCH 25, 2015
pp..
