Delhi High Court
Sh. Dhiraj Bhushan vs Delhi Development Authority & ... on 4 November, 2020
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 4th November, 2020
+ W.P.(C) 5272/2020 with CM APPL. 18992/2020 & 26811-
27813/2020
SH. DHIRAJ BHUSHAN ..... Petitioner
Through: Ms.Shriya & Mr.Vinayak Batta,
Advocates
versus
DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents
Through: Mr.Dhanesh Relan & Ms.Gauri
Chaturvedi, Advocate for R-1/DDA.
Mr.Manashwy Jha, Advocate for Mr.Sameer
Vashisht, ASC (Civil), for R-2/GNCTD.
Mr.Tushar Sannu, Addl. Standing Counsel with
Ms.Ankita Bhadouriya, Advocate for R-3/EDMC.
Mr.Kartikey Nayyar, Ms.Bharvi Thakur,
Advocates for Intervenor in CM APPl.27813/2020
with Mr.Peeush Sharma, Intervenor no.3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
D.N.PATEL, Chief Justice (Oral)
The proceedings in the matter have been conducted through video
conferencing.
1. The petitioner is a resident of D-Block, in Anand Vihar, Delhi, a
residential locality established on land allotted to the respondent
No.4/Railway Board Employees House Building Society. Anand Vihar
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consists of 903 plots. In the present writ petition, filed in public interest, the
petitioner contends that despite the fact that there are 14 parks situated in the
locality, they have all been converted into ornamental parks, and that
children are not permitted to play in the said parks. According to the
petitioner, the parks are used by senior citizens and toddlers, but older
children, who wish to play more active sports, are not being permitted to do
so, perhaps to avoid injury to other users of the park.
2. Aggrieved by the above, the petitioner seeks the following reliefs in
the present writ petition:
"(i) issue a writ, order, or direction in the nature of
Mandamus directing the respondents to demarcate and
develop the plots shown in red colour and marked as 'A',
'B' and 'C' in the site plan (Annexure P-1) in AnandVihar
Colony as sports parks for children to play active sports
and ball games in the said parks;
(ii) issue a writ, order, or direction in the nature of
Mandamus directing the respondents to convert at least
one more park in each Block in AnandVihar Colony out
of the existing 14 parks into sports parks for children to
play active sports and ball games in the said parks;
(iii) Pass such other and further orders which this Hon'ble
Court may deem fit in the facts and circumstances of the
case."
3. A counter affidavit has been filed on behalf of the respondent No.
3/East Delhi Municipal Corporation ("EDMC"), in which it is stated that
there are 20 parks in Anand Vihar, including parks for toddlers, which were
handed over to the local Residents' Welfare Associations. It is contended
that there are, in fact, three parks located near the petitioner's residence
where children are free to play. During the course of proceedings, two
applications have been filed by other residents of Anand Vihar seeking
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intervention/impleadment in the present petition.
4. Having heard learned counsel for the parties, we are of the view that,
in a locality like Anand Vihar, where there are undisputedly several parks,
the problem can be resolved by demarcating different areas for different
types of activities. The needs of toddlers and senior citizens to enjoy the
outdoors in safe places is unquestionable. However, it is no less important to
ensure that older children also have appropriate faciltities for sport and
recreation suitable to their age. In the decision in Court On Its Own Motion
vs. Union of India Through: Ministry of Urban Development & Ors., 2015
SCC OnLine Del 9749 [W.P.(C) No.2345/2014, decided on 6th May, 2015],
this Court was concerned with maintenance and facilities available in
children's parks. The importance of outdoor recreational avenues for the
mental and physical health of children was emphasised in the said judgment
with the objective of promoting their emotional, social, motor and cognitive
development. To similar effect is the judgment of this Court in Rajinder
Nagar Welfare Association & Anr. vs. Municipal Corporation of Delhi &
Ors., 2011 (179) DLT 496, wherein the importance of public parks for
people of all age groups was highlighted by the Court.
5. Keeping the importance of outdoor recreation for all sections of
residents in mind, we are of the view that the demarcation of areas in the
colony for different activities is a task best left to the Residents' Welfare
Associations and the respondent-authorities at the first instance. Respondent
Nos. 1 and 3 are directed to consider the issues raised by the petitioner in
consultation with all stakeholders (including the Residents' Welfare
Associations, the petitioner and the applicants who have sought intervention
in these proceedings) and make necessary arrangements to ensure that
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children have adequate facilities to play active sports at least in some of the
parks in the residential locality. For this purpose, the respondent authorities
will convene a meeting with all concerned stakeholders (if necessary, by
video conference) within two weeks from today, and it is expected that they
will arrive at a resolution of the issues within four weeks thereafter. In
matters of this nature, the solutions can be experimental in nature; the
respondents can review the situation and make necessary changes
periodically after consultation with the stakeholders.
6. We leave it to the respondent-authorities to undertake this exercise at
the first instance, on the assurance of the learned counsel for the parties that
they will cooperate with the respondent-authorities to come to a conclusion
which is mutually satisfactory and beneficial for all sections. We expect that
all stakeholders will come to a resolution in the spirit of neighbourliness and
mutual cooperation, rather than protracting disputes of this nature.
7. In view of the above observations and in light of the aforesaid
decisions, this writ petition is hereby disposed of with a direction to
respondent No.1/Delhi Development Authority and respondent No.3/EDMC
to treat this petition as a representation and to decide the same in light of the
above observations and judgments, within the time period set out above.
8. The writ petition is hereby disposed of with the aforesaid directions.
CHIEF JUSTICE
NOVEMBER 4, 2020/„hkaur‟ PRATEEK JALAN, J
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