Aastha Ramlila Committee (Regd.) vs Delhi Development Authority ...
2022 Latest Caselaw 2255 Del

                          $~44
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 13273/2022 & CM APPL.40247/2022 (for interim relief)
                                 AASTHA RAMLILA COMMITTEE (REGD.)                    ..... Petitioner
                                                    Through:     Mr. Gagan Gandhi with Ms. Ratakshi
                                                                 Sarvaria, Advocates.
                                                    versus


                                 DELHI DEVELOPMENT AUTHORITY (D.D.A) ..... Respondent
                                                    Through:     Ms. Manika Tripathy, Standing
                                                                 Counsel, DDA.
                          %                                  Date of Decision: 20th September, 2022.

                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                              JUDGMENT

1. Present writ petition has been filed with the following prayers:-

"A. Issue a writ of mandamus directing the Respondent to grant permission to the petitioner society to hold Ramleela & Dussehra celebrations from 24/09/2022 till 05/10/2022 at Dr Hedgewar Park (Tanki Wala Park), Saraswati Garden, Kirti Nagar, New Delhi-110015;

B. Allow the petitioner to hold Ramleela & Dussehra celebrations at Dr Hedgewar Park (Tanki Wala Park), Saraswati Garden, Kirti Nagar, New Delhi -110015"

2. Learned counsel for the petitioner submits that the petitioner Society is duly registered under the Societies Registration Act, 1860 since the year 2006. It has further been submitted that the petitioner Society is holding Ramleela and Dusshera celebrations in the same park since 2014. It has

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:22.09.2022 17:01:07 further been submitted that earlier DDA had been granting permission to hold Ramleela and Dusshera celebrations at the same venue.

3. Learned counsel for the petitioner submits that even the Supreme Court in its order in Civil Appeal No.15182/2021 titled North Delhi Municipal Corporation vs. President Budhela Welfare Association & Anr. has inter alia clarified that the directions of the Supreme Court in M.C. Mehta vs. Union of India: (2009) 17 SCC 683, with regard to the use of parks shall strictly be adhered to and in no circumstances, shall use of parks for the purposes as mentioned in the said judgment be permitted for more than 10 days in a month.

4. Learned standing counsel for DDA in it's counter-affidavit has submitted that public parks in Delhi cannot be used for marriage/commercial purposes. Reliance has been placed upon the judgment in M.C. Mehta vs. Union of India: (2009) 17 SCC 683.

5. Learned counsel for the petitioner has invited the attention of this Court to the list submitted by Delhi Dharmik Mahasangh (Annexure - 14) where the name of the petitioner Committee appears at item No.20. Further attention has been invited of this Court to the Office Order issued by DDA dated 22.08.2022. The Officer Order dated 22.08.2022 is reproduced as below:-

"DELHI DEVELOPMENT AUTHORITY INSTITUTIONAL LAND BRANCH A-216, Vikas Sadan INA, New Delhi - 110023

E-3061

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:22.09.2022 17:01:07 F.8(18) 15/IL/851 Date:22/08/2022

Office Order In compliance to the decision taken in the meeting held under the Chairmanship of Hon'ble Lt. Governor on 05.08.2022, it has been decided that in respect of Ramlila Committees affiliated to Delhi Dharmik Mahasangh (Federation of Religious Committees) Security deposit of Rs.15/ Sqm. would be levied irrespective of the size of plot for organizing religious functions, including Ramlila. The list as provided by Delhi Dharmik Mahasangh, Ramlila Committees along with details of Place, Ground etc. is as per Annexure. This (reduced) security deposit rate shall be applicable only in respect of the specific grounds, Committees and Functions as per the Annexure. For booking of other grounds or by other organizations or for other functions, security deposit as per standard policy will be applicable.

Further, it has also been decided that based on the list provided by Delhi Dharmik Mahasangh (Federation of religious committees), these specific sites would be reserved for the period from 6th September, 2022 to 15th October, 2022 for these Committees only, so that the specific sites are not booked for any other social and cultural function by any other Organizing committee through the online mode.

All concerned are requested to take immediate action accordingly for the smooth implementation of the above-mentioned directions. Other terms & conditions will remain the same as per the existing policy.

This issues with the approval of Competent Authority.

Encl:- List and other details as provided by Delhi Dharmik Mahasangh.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:22.09.2022 17:01:07 (Kamal Gupta) Director (IL)"

6. Perusal of the order dated 22.08.2022 would indicate that the DDA itself in compliance of the decision taken in the meeting held under the Chairmanship of Hon'ble Lt. Governor reserved the specific sites, as mentioned in Annexure - 14, for the period from 06.09.2022 to 15.10.2022 for these Committees only, so that the specific sites are not booked for any other social and cultural function by any other Organizing committee through the online mode. Order dated 22.08.22 further reads that all concerned were requested to take immediate action accordingly for the smooth implementation of the above-mentioned directions. It was also directed that the other terms and conditions will remain the same as per the existing policy.

7. Learned counsel for the petitioner has further submitted that in fact they had applied for the permission on 02.08.2022 but DDA did not respond to their request.

8. I consider that in view of the Office Order of the DDA dated 22.08.2022, No.F.8(18)15/IL/851, the site, as specified in the list submitted by Delhi Dharmik Mahasangh (Federation of the Religious Committee), the petitioner Society be permitted to hold Ramleela and Dusshera celebrations from 24.09.2022 till 05.10.2022 at Dr. Hedgewar Park (Tanki Wala Park), Saraswati Garden, Kirti Nagar, New Delhi-110015, subject to all conditions/regulations being complied with. The petitioner Society shall also follow scrupulously all the safety norms and other norms as prescribed

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:22.09.2022 17:01:07 by the NGT, Delhi Police, Delhi Fire Service, MCD and other connected organisations.

9. With these observations, the present petition along with pending application is disposed of.

10. Order Dasti under the signatures of the Court Master.

DINESH KUMAR SHARMA, J SEPTEMBER 20, 2022 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:22.09.2022 17:01:07